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Delhi Metro Rail Corporation Ltd. A joint venture of Govt. of India and Govt. of Delhi

Tender for Licensing of Bare Spaces

for commercial utilization at Selected

Metro Stations of Line-2, 3, 6, 7 & 8

of DMRC

(Tender Document)

Tender No. 120VL0002/BS

FEBRUARY- 2020

Property Business Wing

Metro Bhawan

Fire Brigade Lane, Barakhamba Road

New Delhi-110001

India

TENDER FOR LICENSING OF BARE SPACES AT SELECTED METRO STATIONS OF LINE-2, 3, 6, 7 & 8

Property Business Cell of 162

Tender for Licensing of Bare Spaces

for commercial utilization at Selected

Metro Stations of Line-2, 3, 6, 7 & 8

of DMRC

Tender Document Cost: Rs. 20,000+3,600=Rs.23,600/- as mentioned in NIT and tender

document. Tender Document cost is non refundable.



DISCLAIMER

I. This Tender Document for “Licensing of Bare Spaces for commercial utilization at

AIIMS Metro Station at Line-2, Noida Sector-52 & Noida Electronic City Metro

Stations of Line-3, Raja Nahar Singh Metro Station at Line-6, Azadpur &

Shalimar Bagh Metro Stations of Line-7 and Kalkaji Mandir, Nehru Enclave,

Chirag Delhi & Janakpuri West of Line-8 Metro Stations in 8 schedules” contains

brief information about the available space, Qualification, Eligibility Requirements and

the Selection process for the successful bidder. The purpose of the Tender document is

to provide bidders with information to assist the formulation of their bid application

(the ‘Bid’).

II. The information contained in this Tender Document or subsequently provided to

interested parties {the “Bidder(s)}, in writing by or on behalf of Delhi Metro Rail

Corporation Ltd. (DMRC Ltd.) is provided to Bidder(s) on the terms and conditions

set out in the Tender Document and any other terms and conditions subject to which

such information is provided.

III. This Tender Document does not purport to contain all the information that each Bidder

may require in this regard. This Tender Document has been prepared with a view to

provide the relevant information about the said bare spaces available at AIIMS Metro

Station at Line-2, Noida Sector-52 & Noida Electronic City Metro Stations of

Line-3, Raja Nahar Singh Metro Station at Line-6, Azadpur & Shalimar Bagh

Metro Stations of Line-7 and Kalkaji Mandir, Nehru Enclave, Chirag Delhi &

Janakpuri West of Line-8 Metro Stations in 8 schedules. And each Bidder is

advised to conduct their own investigations and analysis and satisfy themselves of the

accuracy, reliability and completeness of the information in this Tender Document and

to obtain independent advice from appropriate sources for preparation of its bid.

DMRC, its employees and advisors make no representation or warranty and shall not

be liable in any manner whatsoever to the accuracy, reliability or completeness of the

information provided in this Tender Document.

IV. Intimation of discrepancies in the Tender Document, if any, may be given before the

pre-bid meeting, by the Bidders, to the office of the DMRC. If DMRC receives no

written communication, it shall be deemed that the Bidders are satisfied with the

information provided in the Tender Document.

V. Any character or requirement for the said Bare Spaces, which may be deemed to be

necessary by the Bidder should be independently established and verified by the

Bidder.

VI. This Tender Document is not an agreement and is not an offer or invitation by DMRC

to any party. The terms for development of bare Spaces and the right of the successful

Bidder shall be as set out in separate agreement executed between DMRC and the

successful Bidder, broadly in the format set out herein.

VII. DMRC reserves the right to accept or reject any or all Bids without assigning any

reasons, thereof. DMRC shall not entertain or be liable for any claim for costs and

expenses in relation to the preparation of the documents to be submitted in terms of this

Tender Document.



CONTENTS

Chapter No. Items Page

No.

Tender Document for Licensing of Bare Spaces at Selected Metro Stations of Line-3, 7

& 8 of DMRC.

1 Introduction 05

2 Notice Inviting Tender (Bid) 06-11

3 Eligibility Criteria For Bidders 12-13

4 Terms and Conditions 14-21

5 Submission & Evaluation of Bids by Bidders 22-28

6 Instructions for online bid submission 29-33

7 Miscellaneous 34

8 Fraud and Corrupt Practices 35-36

9 Definitions 37-39

Tender Document Annexure

Annexure-1 Details of Bare Spaces offered for Licensing 40

Annexure-2 Letter Comprising the Bid 41-43

Annexure-3 General Information of the Bidder 44

Annexure-4 Format of Certificate of Statuary Auditor for Eligibility 45

Annexure-5 Power of Attorney of Bidder 46

Annexure-6 Financial Bid 47

Annexure-7 Consortium Agreement/ Memorandum of Understanding 48-50

Annexure-8 Affidavit 51

Annexure-

8A Undertaking for not being banned from business 52

Annexure-9 Undertaking of Responsibility 53

Annexure-10 Undertaking for downloaded Tender Document 54

Annexure-11 Details of Bank Account for refund of Tender Security/EMD 55

Annexure-12 Undertaking for dues in other contracts 56

Annexure-13 Undertaking for contract/s with DMRC 57

Annexure-14 List of banned Usage 58

Annexure-15 Draft License Agreement 59-147



CHAPTER 1

INTRODUCTION

1.1 Delhi Metro Rail Corporation Ltd. (DMRC), a joint venture of the Government of

India (GOI) and the Government of the National Capital Territory of Delhi (GNCTD)

has completed the Phase I and Phase II of the Delhi Metro and is currently engaged in

the final stages of completion of Phase III of the MRTS project.

1.2 As part of its existing mandate Delhi Metro Rail Corporation Ltd. (DMRC) has also

undertaken to capture value from real estate in such a manner that on one hand it gives

sustainable additional revenue to the corporation, and on the other hand facilitating

DMRC commuters by providing one stop solution for most of their needs. It also

provides incentive for private sector participant developers. Through this Bid, DMRC

intends to select a ‘Licensee’ to take up on ‘License basis’ the bare spaces as

mentioned in annexure-1.

1.3 The offered spaces are ideal for food courts/ restaurants and other commercial usages.

One can participate for one schedule, two schedules and all the schedules offered as per

their eligibility. The details of the tendered area for licensing are as under:

Schedule-1

S/N Name of Station Area in

Sqm

Location Reserve price in

sqm/month

(INR) 1 Azadpur 104.34 Ground Level (at

different locations)

390

2 Shalimar Bagh 20.14 Concourse level 400

Total 124.48

Schedule-2

S/N Name of Metro

Station

Approximate

area (in sqm)

Location Reserve Price in

(Sqm/Month)(INR) 1 Kalkaji Mandir (Line-

8) 135.50 Interchange area 590

2 Kalkaji Mandir (Line-

8) 59.75 Concourse Level 590

Total area (in sqm) 195.25

Schedule-3

S/N Name of Metro

Station

Approximate

area (in sqm)


(Sqm/Month)(INR) 1 Nehru Enclave 35 Concourse Level 560

2 Chirag Delhi 162.82 Concourse Level 350




Schedule-4

S/N Name of Metro

Station

Approximate

area (in sqm)


(Sqm/Month)(INR) 1 Janakpuri West 92.56 Interchange area 900

2 Janakpuri West 62.7 Interchange area 900


Schedule-5

S/N Name of Metro

Station

Approximate

area (in sqm)


(Sqm/Month)(INR)

1 Noida Sector-52 55.04 Concourse Level 700




Schedule-6

S/N Name of Metro

Station

Approximate

area (in sqm)


(Sqm/Month)(INR)

1 Noida Electronic City 114.56 Concourse Level 700

2 Noida Electronic City 38.43 Concourse Level 700


Schedule-7

S/N Name of Metro

Station

Approximate

area (in sqm)


(Sqm/Month)(INR)

1 Raja Nahar Singh

31.50

Lower Concourse

Level 480

2 Raja Nahar Singh 70.00 Ground Level 480


Schedule-8

S/N Name of Metro

Station

Approximate

area (in sqm)


(Sqm/Month)(INR)

1 AIIMS

16.72

Lower Concourse

Level 1000



1.4 The information document covering the purpose of the license, details of space

available at depot etc. may be downloaded from the website

https://eprocure.gov.in/eprocure/app.

CHAPTER 2

NOTICE INVITING TENDER (BID)

2.1. DMRC invites open E-Tenders/bids from suitable Bidders who may be a sole

proprietorship firm, a partnership firm or a company having registered office in India &

incorporated under the companies act 1956/2013 or a combination of above in the form

of Joint Venture (JV) or Consortium for selection of a Licensee to grant Licensing

Rights of bare spaces at AIIMS Metro Station at Line-2, Noida Sector-52 & Noida

Electronic City Metro Stations of Line-3, Raja Nahar Singh Metro Station at

Line-6, Azadpur & Shalimar Bagh Metro Stations of Line-7 and Kalkaji Mandir,

Nehru Enclave, Chirag Delhi & Janakpuri West of Line-8 Metro Stations in 8

schedules on “as is where is basis” for commercial activities except banned list of

usages as detailed in Annexure-14.

a) The bidder may be any entity which is a sole proprietorship firm, a partnership firm or

a company having registered office in India & incorporated under the companies’ act

1956/2013 or a combination of above in the form of Joint Venture (JV) or Consortium.

b) Bid by a JV/Consortium of firms: In case of a bid by a JV/Consortium of firms,

following shall be abide by the participant/s:

i. For the purpose of evaluation of the consortium, each member’s contribution

towards the turnover shall be considered in the same ratio of their equity

participation in the consortium.

Illustration: Say If ‘A’ and ‘B’ are two members of JV/Consortium. ‘A’ is having

70% equity holding in JV and ‘B’ is having 30% equity holding in JV. In such a

condition, 70% of A’s turnover and 30% of B’s turnover will be taken for the

calculation of eligibility of the JV.

ii. The Lead Member of the JV/Consortium shall maintain a minimum equity stake

of 51% of the aggregate shareholding of the JV/Consortium during full tenure of

License Agreement.

iii. Any change in percentage stake of JV/ Consortium members without prior written

approval of DMRC shall be treated as Material Breach of Contract and Successful

Bidder/ Licensee’s event of default entitling DMRC to encash Interest Free

Security Deposit/Performance Guarantee and/or to terminate the License

Agreement after a 30 (thirty) days termination notice.

iv. Minimum percentage stake of any member in JV/ Consortium during license

period (including lock-in period) shall not be less than 15%.

v. Partners having less than 26% participation shall be considered as non-substantial

partner and shall not be considered for evaluation which means that their

eligibility shall not be considered for evaluation of JV/Consortium.

vi. All members of such entity shall be jointly and severely liable for the performance

of license agreement.

https://eprocure.gov.in/eprocure/app



c) A bidder shall not have a conflict of interest that affects the bidding process. Any

Bidder found to have conflict of interest shall be disqualified. A bidder shall be

deemed to have a conflict of interest affecting bidding process if a constituent of one

Bidder is also a constituent of another bidder.

d) Bidder shall undertake that they have not been banned from Business, as on date of

Tender submission as per following:

i) DMRC/ any other metro organisations (100% owned by govt.)/Ministry of

Housing & Urban Affairs/Order of Ministry of Commerce, applicable for all

Ministries must not have banned/debarred business with the tenderer/bidder

(including any member in case of JV/consortium) as on the date of tender

submission. The tenderer should submit undertaking to this effect in Annexure

08A of Tender Document.

ii) Also no contract of the tendered executed in either individually or in a

JV/Consortium, should have been rescinded/ terminated by DMRC after award

during last 03 years (from the last day of the previous month of a tender

submission) due to non–performance of the tenderer or any of JV/Consortium

members. The tenderer should submit undertaking to this effect in Annexure 8A

of Tender Document.

iii) In case at a subsequent date the successful bidder/licensee is found to have been

banned for business as given above, DMRC shall be at liberty to and have full

rights to cancel the allotment of built-up/bare spaces and forfeit the Interest Free

Security Deposit after adjusting any dues payable by the successful

bidder/licensee.

e) The bidders shall enclose with their application an undertaking stating/providing that

all the necessary supporting documents, including duly certified audited accounts and

financial statements have been provided.

2.2. DMRC shall receive Bids pursuant to this Tender Document, in accordance with the

terms set forth herein as modified, altered, amended and clarified from time to time by

DMRC. Bidders shall upload their bids in accordance with such terms on or before the

date specified in this document. The Bidders are advised to visit the DMRC premises at

the site and familiarise themselves with the proposed arrangements and all activities

necessary in this regard.

2.3. Salient features of Bidding Process:

a) DMRC has adopted a single-stage two packet bidding process for selection of a

suitable highest bidder to grant Licensing Rights for the commercial activities

inside pre-identified Bare Spaces at selected Metro Stations of Line-2, 3, 6, 7 &

8 of DMRC, as detailed in Annexure -1.



b) Tender Document (non-transferable) can be downloaded from the web site

https://eprocure.gov.in/eprocure/app. Cost of Tender Document (Non-

refundable). If a bidder wants to participate in more than one schedule, bidder is

required to make one payment towards tender document cost of Rs. 23,600/-.

Tender Document cost shall be submitted through RTGS, NEFT or IMPS to

DMRC. With one tender document cost, bidder can participate in all the

schedules as per eligibility. However, separate EMDs are required for each

schedule to participate.

c) The Bidder shall submit along with the Bid Application, tender document cost

and bid security as mentioned hereinunder. Separate EMDs for the different

schedules as mentioned below is required to be submitted. The Tender Document

Cost and Bid Security for ten schedules is as under:-

S/N Detail of Schedule Approximate

area (in sqm)

Cost of Tender

Document (INR)

Amount of EMD/Bid

Security (INR)

1 Schedule-1 124.48

23,600/-

2,00,000/-

2 Schedule-2 195.25 2,08,000/-

3 Schedule-3 197.82 2,00,000/-

4 Schedule-4 155.26 2,52,000/-

5 Schedule-5 139.26 2,00,000/-

6 Schedule-6 152.99 2,00,000/-

7 Schedule-7 101.50 1,80,000/-

8 Schedule-8 16.72 61,000/-

Payment of bid security is to be made only by RTGS, NEFT and IMPS. No other

mode of payment will be accepted. The details of bank account of DMRC for

payment of bid security are mentioned in clause 2.9 of NIT. The Application

shall be summarily rejected if it is not accompanied with the above bid

security. The bid security of the successful Bidder shall be adjusted against the

Interest Free Security Deposit amount as per the License Agreement. The bid

security of unsuccessful bidders shall be refunded after award of contract,

without considering any interest, thereon. If the bidder withdraws his bid at any

stage, his Bid Security amount shall be forfeited by DMRC.

d) The payment of the tender cost is acceptable from any account. However,

tenderer shall submit such transaction details along with their tender submission

on e-portal. If the same transaction reference number has been submitted for

more than one bid. All such bids shall be considered ineligible and summarily

rejected.




Bidders to note that the payment of tender security shall be made from the

account of bidder only, however, in case of JV / Consortium, the tender security

can either be paid from JV/Consortium account or one of the constituent

members of JV / Consortium.

If tender security has been made from other than the account mentioned above,

same shall not be accepted and all such bids shall be considered ineligible and

summarily rejected.

e) Submission of the tender cost & EMD should match with the details of the

uploaded documents.

f) Bidders are expected to carry out extensive survey of DMRC premises and

analysis at their own cost, before submitting their respective Bids for award of

the License Agreement. DMRC shall provide necessary permission and

assistance to the prospective Bidders in this regard.

g) Schedule of Bidding Process for tender:

Start of sale of Tender

Document to Bidders

From 02.03.2020 to 01.04.2020 (up to 1500hrs) on e-Tendering website

https://eprocure.gov.in/eprocure/app For further information on this regard

bidders are advised to contact on 23417910-12 (Ext: 534763), For technical

queries related to Central Procurement Portal, Help Desk No: 0120-4200462,

0120-4001002

Cost of Tender Document

(Non-refundable)

Non – Refundable Tender Document Cost of Rs. 23,600/- shall be paid.

Payment of tender document cost is to be made only by RTGS, NEFT and

IMPS. No other mode of payment will be accepted. The details of bank

account of DMRC for payment of Tender Document are mentioned in clause

2.9 of NIT.

Bid Security

(Earnest Money Deposit)

Bid Security/EMD shall be paid as per various schedules. Payment of bid

security is to be made only by RTGS, NEFT and IMPS. No other mode of

payment will be accepted. The details of bank account of DMRC for payment

of bid security are mentioned in clause 2.9 of NIT.

Site Visit

Site visit shall start from 1100 hours onwards from AIIMS Metro Station on

11.03.2020 (AIIMS, NOIDA Sector-52, Noida Electronic City and Raja

Nahar Singh Metro Stations).

Site visit shall start from 1100 hours onwards from Azadpur Metro Station on

12.03.2020 (Azadpur & Shalimar Bagh Metro Stations of Line-7 and Kalkaji

Mandir, Nehru Enclave, Chirag Delhi & Janakpuri West of Line-8 Metro

Stations).

Pre-Bid Conference 13.03.2020 at 1100 hrs. in Conference hall, 7th floor, A-Wing, Metro

Bhawan, Barakhamba Road, New Delhi- 110001.

Last date of receiving

queries 1730hrs on 16.03.2020

DMRC’s response to

queries by 1500hrs on 24.03.2020

Last Date & Time of

Submission of Bids Latest by 1500hrs of 01.04.2020

Date & Time of Opening

of Bids 1500hrs on 03.04.2020

Validity of Bids 180 days from bid submission date




f.) Schedule of Various Stages: The Selected Bidder shall follow the following time lines:

Stage of Activity Time Period

Payment of Interest Free Security

Deposit to DMRC by Successful Bidder. Within 30 days of date of issue of Letter of Acceptance

Signing of License Agreement Within 30 days of receipt of LOA payment

Payment of Advance Quarterly License

Fee for 1st Quarter

Within 180 days from date of handing over of licensed

premises

Vacant space to be handed over to

Selected Bidder Within 7 days of signing of license agreement

Commencement of License Fee Immediately after 180 days fitment period i.e. 181

st day of date

of handing over of bare spaces.

Registration of Agreement The registration of License/Lease agreements should be done

within 30 days of signing of agreement by the licensee/lessee

(registration fees, stamp duty etc to be fully borne by the

licensee/lessee) and the duly registered documents to be

submitted to DMRC for records. In the case the registration of

the license agreement/amendment is not done within the 30 days

of signing of license agreement/amendment, it shall be treated as

“Material Breach of Contract”. In case the licensee fails to

remedy the breach/default in this regard, DMRC may terminate

the license agreement after the expiry of cure period duly

forfeiting the security deposit/any other amount paid by licensee.

2.4 Addendum/Corrigendum, if any, will be placed on DMRC website only time to time.

Tender Document can also be downloaded from the website

https://eprocure.gov.in/eprocure/app and may be submitted along with document cost

at the time of submission of bids. Late / delayed bid received after the stipulated

date and time of submission of tender shall be out rightly rejected.

DMRC has adopted a single stage two packet Bidding Process to select a suitable

highest Bidder for licensing of the aforesaid commercial space.

2.5 The Bidder may obtain further information/ clarification, if any, in respect of Tender

documents from the office of Sr. DGM/PB, DMRC, 3rd

floor, A Wing, Metro Bhawan,

Fire Brigade Lane, Barakhamba Road, New Delhi.

2.6 The intending Bidder must be registered on e-Tendering portal

https://eprocure.gov.in/eprocure/app. Those who are not registered on the e-Tendering

portal required to be registered beforehand. After registration the Bidder will get User

Id and Password. On login, Bidder can participate in Tendering process and can

witness various activities of the process.

2.7 The authorized signatory of intending Bidder, as per Power of Attorney (POA), must

have valid Class II or Class III Certificates with signing key usage digital signature.

The bid document can only be downloaded or uploaded using Class II or Class III

Certificates with signing key usage digital signature of the authorized signatory.

2.8 In order to process the refund of the EMD/Tender security, the bidders are required to

submit Annexure-11 giving the required details for refund of tender security, as the

same has been submitted by RTGS/NEFT/IMPS.





2.9 Bid submissions will be made online after uploading the mandatory scanned

documents towards cost of Tender documents, Bid Security & other documents as

stated in the Tender document. Details of bank account of DMRC for payment are as

follows:

Name of Bank Bank's Address

& MIRC Code

Account Name &

No.

Account

Type

IFSC

Code

MICR

Code

M/s Union Bank of India

F-14/15, Connaught Place,

New Delhi-110001

DMRC Ltd. Property Business Account No. 30780-11100-

50003

Current UBIN-

0530786 11002-6006

2.10 Late bids received after last date and time stipulated for submission of bid shall not be

accepted under any circumstances.

2.11 DMRC reserves the right to accept or reject any or all proposals without assigning any

reasons. No Bidder shall have any cause of action or claim against the DMRC for

rejection of their bids.

2.12 All the uploaded files in tender submission should be named properly and arrange

systematically. No special character/space should be there in the uploaded file name.

2.13 After successful completion of processing of tender, the Letter of Acceptance to the

successful bidder shall be uploaded on the e-Tendering portal

https://eprocure.gov.in/eprocure/app which can be downloaded by successful bidder.

2.14 The bidders are advised to keep in touch with e-Tendering portal

https://eprocure.gov.in/eprocure/app and www.delhimetrorail.com/tenders.aspx for

updates.

2.15 In case of any grievances/ complaints regarding this tender, the bidders are advised to

contact:

1.) General Manager (Property Business)

DMRC, 3rd

Floor, A Wing,

Metro Bhawan, Fire Brigade Lane,

Barakhamba Road, New Delhi -110001

Email Id: [email protected]

Phone No: 011-23418417

2.) Chief Vigilance Officer

DMRC, 1st Floor, A Wing,




Phone No: 011-23418406

Website: http://www.delhimetrorail.com/vigilance.aspx



http://www.delhimetrorail.com/tenders.aspx

mailto:[email protected]


http://www.delhimetrorail.com/vigilance.aspx



General Manager/Property Business

Delhi Metro Rail Corporation

Limited



CHAPTER 3

ELIGIBILITY CRITERIA FOR TENDER BIDDERS

3.1. The Applicant may be any entity i.e. sole proprietorship firm, a partnership firm or a

company having registered office in India & incorporated under the companies act

1956/2013 or a combination of above in the form of Joint Venture (JV) or Consortium

having the below mentioned average annual turnover or turnover in last 3 years as

mentioned from any business as given below:


area (in sqm)

Annual eligibility

criteria (INR)

Eligibility in 3

years (INR)

1 Schedule-1 124.48 19,00,000 57,00,000

2 Schedule-2 195.25 31,00,000 93,00,000

3 Schedule-3 197.82 24,00,000 72,00,000

4 Schedule-4 155.26 36,00,000 1,08,00,000

5 Schedule-5 139.26 28,00,000 84,00,000

6 Schedule-6 152.99 30,00,000 90,00,000

7 Schedule-7 101.50 19,00,000 57,00,000

8 Schedule-8 16.72 13,00,000 39,00,000

The Applicant shall upload audited financial statements duly certified by its statutory

auditor including Profit & Loss account statement of last three financial years and

information as per Annexure-4.

The bidder may participate & bid in any one or more of the given schedule as per

eligibility. Bidder who is eligible for higher schedule is eligible to participate in all the

schedules having lower eligibility.

Illustration:-

1. Bidder who is eligible for Schedule-4 is also eligible to participate in all the

schedules.

2. Bidder who is eligible for schedule-2 is also eligible for schedule-1, 3, 5, 6, 7 & 8.

3.2 The Applicant shall submit the audited annual reports/ financial statements of last 3

years (In the present case, it shall be for, F.Y. 2016-17, 2017-18 & 2018-19) along with

certificate from statutory auditor as per Annexure-4. In case of JV/consortium, the

financial audited reports of each relevant member of the consortium for last 3 years as

above shall be submitted. If audited reports/ financial statements for the latest F.Y.

(2018-19) is not yet available, then the Applicant (s) is required to submit reports for

F.Y. 2016-17 & 2017-18 along with an affidavit and a certificate from its statutory

auditor certifying that the balance sheet for F.Y. 2018-19 has not been audited so far.

In case audited financial statements of last 3(three) preceding years other than the last/

latest financial year i.e. 2018-19, are not submitted, the bid shall be considered as non-

responsible and shall not be considered for evaluation.



In case of mismatch in financial data in the submitted documents i.e. in statutory

auditors’ certified documents and data in audited balance sheet, the data from the

audited balance sheets and Profit & Loss Account shall prevail.

3.3 An undertaking stating/providing the necessary supporting documents, including

audited accounts and financial statements. In case audited financial statements of last

three (3) preceding years other than the last financial year i.e. 2018-19 are not

submitted, the bid shall be considered as non-responsive and shall not be evaluated.

3.4 Bidder shall undertake that they have not been banned from Business, as on date of

Tender submission as per following. The said undertaking shall be submitted on a non

judicial stamp paper of Rs. 100/- (duly notorized).

1) DMRC/ any other metro organisations (100% owned by govt.)/Ministry of


Ministries must not have banned/debarred business with the bidder(s)/tenderer


submission. The tenderer should submit undertaking to this effect in Annexure-


2) During last 3 years, no contract of the bidder / tenderer executed in either

individually or in a JV / Consortium should have been rescinded / terminated by

DMRC after its award (from the last day of the previous month of a tender

submission) due to non- performance of the bidder/ tenderer or any of JV /

Consortium members. The tenderer should submit undertaking to this effect in

Annexure 8A of tender document.

3.5 Bidder/SPV (either as single entity or as a member of JV/Consortium) having existing

lease/license agreement of DMRC property, will be considered ineligible to participate

in the bid/tender in case of the following circumstances:-

a) If the lessee/licensee has any dues pending for more than 90 days as on the last

date of submission of bids.

b) If the lessee/licensee has failed to vacate the leased/licensed space/premises within

the grace period (if provided) after completion of the tenure of te license/pre-

mature termination / surrender.

c) If the lessee/licensee failed to take over the space within due date & time.

d) If the lessee/licensee has encroached on the common area / circulating areas or any

other space which is not leased / licensed to the lessee/licensee and not vacated the

area as per the notice issued to him/her/them to do so.

e) If the lessee/licensee having lease/license agreement of DMRC in which there is a

provision of opening of Escrow account, have not opened the Escrow account or

having opened it, did not ensure that sub licensees make all the payments

whatsoever through escrow account or do not remit DMRC dues through escrow



account. The bidder should submit an undertaking to these effects as per annexure

of tender document.

3.6 If there is a misrepresentation of facts by the bidder in their bid submission, the same

will be considered as “fraudulent practice” and the bid submission of such bidders will

be summarily rejected and also further action shall be taken as per terms of contract or

other applicable laws/rules.

3.7 The bidder may participate & bid in any of schedules or more than one or all of the

schedules. If a bidder is interested to bid & participate in one or more schedules, its

eligibility shall be assessed based on the eligibility criteria for the concerned respective

schedules in which the bidder is interested. For example, if the bidder has average

annual turnover of Rs one crore during last three (3) financial years, it shall be eligible

for schedule-1, 2, 3, 5, 6, 7 & 8. If the bidder has average annual turnover of Rs.

1.10crore, it shall be eligible to participate in all the schedules.



CHAPTER 4

TERMS AND CONDITIONS

4.1. Scope of the work:

Successful bidder shall have the rights to utilize the said Bare Spaces as offered in this

Tender Document (Area and drawing at annexure-1) for commercial purpose except

for banned usages/ negative list as given in Annexure -14 subject to the terms and

conditions as specified by DMRC. Successful bidder shall be responsible for the

following activities:

a.) The offered Bare Spaces as detailed in Annexure -1 of this tender document will be

provided on “as is where is basis”. It is successful bidder’s responsibility to develop the

entire offered bare spaces at their own cost as per DMRC specifications, operational

and other feasibility and after obtaining prior approval from DMRC. Successful

Bidder shall be permitted to develop the offered Bare Spaces by creating only

temporary structures as per DMRC specifications.

Due to any reason, if any part or whole of the structure is required to be dismantled &

removed, the successful bidder shall do it peacefully without any demur. No claim for

compensation/ costs/ damages etc. would be entertained on this account by DMRC.

b.) Successful bidder shall be required to execute all work at their own cost as required for

commercial development of the tendered area where only temporary structure shall be

constructed/ developed.

c.) The Successful bidder shall be required to adhere to the building design, however,

there are no limitations on planning and subdivision of the interior licensed floor space.

However, within these parameters, maintaining the structural safety and integrity shall

be the sole responsibility of the successful bidder. The Successful bidder shall also

ensure that the proposed commercial development within tendered area is neither an

impediment for smooth flow of traffic nor a safety hazard for DMRC civil structures or

for its commuters and public at large. The successful bidder shall also ensure that all

existing utilities and facilities (if any) falling within the said tendered space will be

kept accessible and the successful bidder shall not interfere or tamper with those

installations at any time.

d.) Notwithstanding anything mentioned above, the successful bidder is required to adhere

to the provisions of the prevailing master plan and the building bye-laws of the

authorities having jurisdiction over the tendered space for the development works to be

undertaken.

e.) The successful bidder shall obtain all clearances and sanctions as required from the

competent authorities for building sub-plans, utilities, fire fighting, etc at its own cost.

It is to be clearly understood that all such clearances are to be obtained by the

successful bidder and the DMRC may only provide assistance wherever possible

without any obligation.

f.) Procuring all the permissions/ licenses etc. required from the statutory/ regulatory/

civic authorities concerned, to be able to use the tendered space for desired commercial



purposes/ business, will be sole responsibility of the successful bidder. DMRC shall

not be responsible for any such procurement and shall not entertain any claims in this

regard.

g.) Fire fighting and other infrastructure so created within the tendered space must be

integrated with that already provided /planned for the metro station by DMRC.

h.) The successful bidder shall at all times adhere to all provisions of the Delhi Metro

Railway (Operation And Maintenance) Act, 2002 and amendments thereto and shall

also comply with all notices and circulars issued by DMRC in this regard.

i) Operate, manage and maintain the entire offered space with adequate trained and

experienced team for responsibilities as defined in this tender document.

j) The successful bidder(s) may use or allow the use of scheduled tendered/licensed space

for any activities except for activities mentioned in list of banned usages

placed at Annexure-14 of tender document.

k.) Marketing / Promoting / Sub- licensing of the offered spaces as specified in this tender

document. Except for sub- licensing the use of the tendered bare spaces as per the

terms of this tender document, the successful bidder shall not assign any of its rights, or

interest in respective license agreement in favour of any company/person(s) at any time

and for any reasons whatsoever.

l.) Under no circumstances, shall the tendered Bare Spaces or facilities constructed or

installed thereon in the form of temporary structure, at the licensed space / tendered

space be mortgaged, charged or otherwise put under any lien (including negative lien),

and no charge or encumbrance will be created or agreed to be created in favour of any

person, including the Lenders/ Financial Institution (s)/ Banks etc.

m.) Successful bidder shall ensures that no use of polythene baggage / bags at the tendered

area/ licensed area.

n.) The successful bidder shall be responsible for obtaining fire NOC for their licensed

area/space from Delhi Fire Services.

o.) Comply with all statutory requirements in connection with this tender document.

p.) Ensure regular and timely payments of all amounts due to DMRC and discharge all

obligations as per provisions of this tender document.

q.) Payment of all statutory taxes, GST, local levies, statutory dues, etc. as and when due

and as applicable.

4.2. Tender Fee / Tender Document Cost:

The instrument type for payment of tender fee / tender document cost is to be done

only by RTGS, NEFT & IMPS. No other mode of payment will be accepted. The detail

of bank account of DMRC to facilitate the payment is mentioned at Clause No. 2.9 of

NIT in the tender document. The bidders will be required to upload scanned copies of

transaction of payment of tender fee / tender document cost including e-receipt (clearly

indicating UTR No. and tender reference must be entered in remarks at the time of

online transaction of payment, failing which, payment may not be considered) to be

uploaded in online bid submission. Copies of transaction of payment are not required

to be sent to the office of Sr. Dy. GM / Property Business. It may be noted that the

payment of the tender cost is acceptable from any account. However, tenderer shall

submit such transaction details along with their tender submission on e-portal. If the

same transaction reference number has been submitted for more than one bid, all such

bids shall be considered ineligible and summarily rejected.



4.3. Handing over of tendered space:

a.) After the evaluation of bids, Letter of Acceptance (LOA) will be issued to the

successful bidders. The tendered Bare Spaces, as mentioned in Annexure-1, shall

be handed over for commercial activities within 7 (seven) days of Signing of

License Agreement which shall be executed within 30 days of date of receipt of

Interest Free Security Deposit/full LOA payment as stipulated in Letter of

Acceptance.

b.) The successful bidder shall not claim any compensation on account of any

variation in handing over of the offered space from that of the mentioned in the

Annexure-1.

c.) Subsequently, if successful bidder applies for additional ‘adjacent / same area’

(even if for utility) up to 10% variation in tendered area within fitment period,

the same shall be provided on pro-rata basis, if found feasible, on sole discretion

of DMRC. For area beyond this time frame and/or 10% variation range of

tendered area, the same shall be provided on negotiated / market rate, if found

feasible, only on sole discretion of DMRC. DMRC is free to market, area beyond

this time frame and/or 10% variation on open/limited/single tender basis.

Moreover any additional area taken within the fitment period shall have fitment

period co-terminus with the fitment period of the original area handed over. Any

area handed over after the fitment period will not have any fitment period.

d.) Consequent to any alteration / renovation of the licensed / tendered space, for

which prior written approval from DMRC has been taken by the successful

bidder, if resulting in any increase / decrease in the handed over area, the

variation shall not be considered for any change in the license fee or other

payment terms. However, at the time of termination / surrender or natural

completion of contract, DMRC reserves the right to ask the successful bidder to

restore the licensed premises as per original allotment.

e.) Construction of mezzanine floor by the licensee shall be permitted adhering to

prescribed norms, after due approval from DMRC. Prospective bidders to quote

their bid (s) keeping in view the availability of additional floor area in form of

mezzanine floor, subject to feasibility / norms & DMRC approval. No additional

licensee fee shall be charged for creation of this additional floor in form of

mezzanine level. However, for areas/ space with lower height, intermediate slabs

may be permitted with approval of DMRC for storage of utilities. The same shall

not be charged. However, at the time of termination or natural completion of

contract, DMRC reserves the right to ask the licensee to restore the licensed

premises as per original allotment. In case of construction of mezzanine floor,

the applicable property tax/Service Charge will also be charged & recovered for

the mezzanine floor, if any, from the licensee.

f.) If the successful bidder installs an awning with a fixed / stretchable length of 3

feet to shield the premises / commuters from sunlight/ rain/ adverse weather

conditions, the same shall not be charged, provided licensed premises is having

opening outside station building.



g.) At the time of termination/natural completion of license, DMRC reserves the

right to ask the successful bidder to restore the said tendered/ licensed space as

per original allotment. Bidder(s) may quote their bids keeping in view of the above.

h.) For detailed terms & conditions, kindly refer Draft License Agreement annexed

at Annexure -15

4.4. Execution of License Agreement:

The License Agreement based on Draft License Agreement annexed at Annexure -15

shall be executed within 30 days of receipt of full payment of Letter of Acceptance.

4.5. License Tenure:

a) Licensing rights of said tendered Bare Spaces for each of the schedule shall be

for a period of fifteen (15) years unless otherwise terminated by DMRC or

surrendered by the successful bidder, in term of provisions of License

Agreement.

b) The tenure of License Agreement shall commence from the date of handing

over of the licensed bare space or date of deemed handing over whichever is

earlier.

c) Tenure of the License Period of any space handed over subsequently shall be

co-terminus with above period irrespective of date of actual handing over.

d) There shall be a lock in period of 3 (three) years from the date of

commencement of the license agreement.

e) The Successful bidder shall have option to surrender & exit from the License

Agreement immediately after completion of lock in period of three (3) years.

For this, the Successful bidder shall have to issue 180 days prior notice to

DMRC. Such prior notice intimation can be given after two and half (2 ½)

years however option to exit will be available only after 3 (three) years. The

exit clause is as per provisions of Clause No. 6.3 to 6.5 of chapter 6 of Draft

License Agreement annexed at Annexure -15.

f) For detailed terms & conditions, kindly refer Draft License Agreement annexed

at Annexure -15.

g) No partial surrender of licensed space within respective licensed schedule shall

be permitted.

4.6. Extension of License:

The tenure of this license agreement shall be fifteen (15) years with a lock-in period of

three (3) years from date of handing over of the offered space. Tenure of the license

agreement shall not be extended.

4.7. Charging of License Fee:

a.) License fee shall be charged on actual super area handed over to the successful

bidder. The aforesaid license fee shall be charged in advance on quarterly basis.

The applicable Goods & Service Tax (GST) shall also be payable extra as



applicable from time to time, along with the license fee. The license fee (advance),

for the subsequent quarters, shall be payable by the last working day of the

previous running quarter.

b.) All other statutory taxes, statutory dues, local levies, third party dues (i.e.

electricity, water consumption charges etc.) as applicable shall be charged extra and

shall have to be remitted along with the license fees for onward remittance to the

Government. The successful bidder shall indemnify DMRC from any claims that

may arise from the statutory authorities in connection with this tender document /

license agreement. Any change in tax structure as per govt. guidelines will also be

applicable.

c.) The charging of license fee shall commence immediately after 180 days fitment

period from date of handing over of tendered space i.e. from 181st day of fitment

period or date of deemed handing over whichever is earlier.

d.) The license fee shall be increased & escalated by 20% on compounding basis

after completion of every three (3) year of license period.

4.8. Interest Free Security Deposit:

a) Successful bidder shall also pay Interest Free Security Deposit to DMRC Ltd, equal

to 12 (twelve) months applicable license fee for the tendered area in the respective

schedules as given in annexure-1 of RPF payable in advance.

b) The Interest Free Security Deposit shall be escalated by 20% on compounding

basis after completion of every three (3) year.

c) For detailed terms & conditions related to interest free security deposit, kindly refer

Clause No. 7.2 of Chapter -7 of Draft License Agreement annexed at Annexure -15.

4.7 Fitment period:

For carrying out the fit-outs, finishing works etc., successful bidder would be permitted

a rent free / fitment period of 180 days from the date of handing over of the bare space.

The successful bidder shall have to complete in all respects the development of the

tendered / licensed space, within a period of 180 days from the date of ‘handing over’

of the space by DMRC under the License Agreement as license fee would be

applicable immediately after expiry of aforementioned fitment period i.e. from 181 day

from date of handing over of space.

4.8 Sub- Licensing:

The successful bidder shall be entitled to sub-license the tendered/ licensed space with

prior approval of DMRC. However, for any such sub-license the guiding principles as

detailed in Draft License Agreement annexed at Annexure -15 shall be scrupulously

observed.

4.9 Property Tax and Registration of License Agreement:

a.) The property tax/service charge applicable on the licensed premises, if any,

shall be paid by DMRC as per applicable rates of concerned municipal

corporations in advance at the start of the financial year applicable/ under

consideration. Subsequently, the aforementioned property tax/service charge



will be charged & recovered from the licensee at the start of every financial

year (i.e. DMRC shall raise the demand by 15th April) and licensee shall pay/

submit to DMRC the property tax/service charge demand latest by the last day

of first month of every financial year (i.e. latest by 30th April of that year).

This has been illustrated below for better understanding:

Date of raising demand of property tax/service charge for the applicable

financial year under consideration: By 15th

April of the

said year.

Last date of payment of dues against Property tax/service charge to DMRC

for financial year under consideration: By 30th

April of the said

year.

However, if for any reason DMRC does not raise the demand against property

tax /service charge for the financial year applicable/ under consideration as

per aforementioned schedule, licensee shall be liable to pay the demand

against said property tax within 15 days from the date of raising of such

demand by DMRC.

The non-payment of aforementioned dues against property tax/service charge

within stipulated time frame shall be constituted as Material Breach of

Contract of License Agreement and DMRC shall initiate proceedings as

mentioned in relevant clause of License Agreement for material breach of

contract condition.

In case of termination (pre-mature/ mature/ surrender) of license agreement,

the property tax/service charge shall be recovered from licensee on pro-rata

basis for the actual period of occupancy only. DMRC can recover these dues

from the Interest Free Security Deposit of the Licensee. The applicable

property tax/service charge will be charged & recovered for the mezzanine

floor, if any, also as applicable.

b.) Payment of stamp duty on execution & registration of license agreement, if

any, to be executed in pursuance of this bid shall be solely borne by

successful bidder/licensee.

The registration of License agreement of respective schedule should be done

within 30 days of signing of agreement of that schedule by the licensee

(registration fees, stamp duty etc to be fully borne by the licensee) and the

duly registered documents to be submitted to DMRC for records. Any

amendment in the contract/license agreement, if required to be registered,

shall also be registered with 30 (thirty) days from the date amendment and

duly registered document shall be submitted to DMRC for record. In case the

registration of license agreement/amendment is not done within 30 (thirty)

days from the date of singing of agreement/amendment, it shall be treated as

“material breach of contract” in terms of clause no. 12.2(p) of DLA. The

licensee shall be given 30 (thirty) days time to cure the default to the

satisfaction of DMRC within the cure period in terms of clause no. 12.3 of

DLA. In case the licensee fails to cure/rectify the event of default to the

satisfaction of DMRC within the cure period of 30 days, DMRC may

terminate the license agreement of respective schedule after the expiry of cure

period duly forfeiting the Interest Free Security Deposit & any other amount

paid by the licensee to DMRC.



In the case the registration of the license agreement/amendment is not within

the 30 days of signing of license agreement/amendment, it shall be treated as

“Material Breach of Contract”

4.10 Infrastructure Services:

a.) Electricity, Installation of DG sets, Air Conditioning and Fire Fighting & Fire

Protection:

(i) It is successful bidder’s responsibility to draw electric power cable

from LT panel to the tendered space at their own cost.

(ii) Successful bidder has to carry out all works for functioning of their

tendered / licensed area on their own with all costs to be borne by the

licensee including installation & commission of ACB/ MCCB in spare

space of LT panel, cable laying, cable trays, hangers in cable route,

individual LT panel at proposed space and subsequent extension of

power supply from individual LT panel along with associated cabling,

cable tray, earthing, internal wiring, lighting, power distribution etc.

(iii) Successful bidder shall installed LED electrical lights and energy

efficient Air-Conditioners to ensures energy conversation.

(iv) Availing power supply from outside agencies in DMRC is not

permitted. Hence, for reliability of power supply, if desired, successful

bidder can install their own DG sets at their own cost subject to adhere

to all norms specified in Draft License Agreement annexed at

Annexure -15.

(v) Licensee shall pay a refundable electricity consumption deposit of Rs.

4500/- per KVA for sanctioning of electricity load as per requirement

or as revised.

A non-refundable one time electrical supervision charges of Rs.

10000/- (ten thousand rupees) per energy meter plus GST as

applicable shall be paid to DMRC by the licensee.

DMRC shall make available to the licensee, electric power at DERC

rates as per actual consumption.

(v) For meeting Air Conditioning requirement for tendered / licensed

space, successful bidder may install VRV/ package AC/ Split AC as

per their own design and requirement at their own cost.

(vi) Dedicated fire alarm & control system for tendered space has to be

planned and installed by successful bidder at their own cost as per the

statutory requirement of Delhi Fire Services. It is successful bidder’s

responsibility to connect tendered area / licensed area to tapping point

at their own cost.

(vii) The successful bidder shall make provision for TOD energy meter as

per latest DERC guidelines.

(viii) For detailed terms & conditions pertains to infrastructure service and

rules / procedures to be followed for electricity supply, installation of

DG sets, Air-conditioning and Fire Fighting & Fire Protection, kindly

refer Draft License Agreement annexed at Annexure -13.

b.) Water supply:

Water supply as per availability & feasibility will be arranged by DMRC at

its sole discretion and provided at a single point. The successful bidder will



have to make their own arrangements for drawing pipe lines to their tendered

/ licensed area at their own cost. Further, successful bidder will have to make

their own arrangement for distributions of water including the installation of

meters, storage and purification at their own cost after taking all necessary

approvals. The discharge of all wastes including the drainage shall also be

arranged by the successful bidder at their own costs and in this connection

they shall follow all the directives as may be issued by the authorized

representative of the DMRC. The water charges shall be charged on actual

basis as per Delhi Jal Board rates.

c.) Sanitary Connection:

The Sewage Treatment Plant (STP) & Effluent Treatment Plant (ETP) shall

developed, operated and maintained by the successful bidder at their own cost

to meet their daily requirements. The responsibility to connect the

developments at tendered area/ licensed area to aforementioned STP /ETP

and from STP / ETP to the municipal drainage shall lie solely with successful

bidder subject to prior approval of DMRC/ other civic agencies.

d.) Disposal of Waste:

The successful bidder shall have to make its own arrangements for daily

disposal of waste (after segregation of dry and wet waste) out of DMRC

premises at the dumping sites approved by MCD/ concerned civil agencies to

ensure perfect cleanliness. If any kind of waste is found disposed of on

DMRC premises, a penalty/fine of Rs 2000/- shall be imposed by DMRC for

each occasion.

e) Telephone:

DMRC may give permission for installation of cables for

telephone/telecommunication equipment subject to technical feasibility. The

instrument, cables and connection shall be obtained by the successful bidder

from the telephone company at their own cost.

f) Security:

Successful bidder shall install CCTV cameras inside/ outside the tendered/

licensed area and also arrange security arrangement for their tendered /

licensed area at their own cost. Successful bidder hereby undertakes to

indemnify DMRC against all losses and claims in respect of death or injury to

any person or loss or damage to any property which may arise out on this

account.

g) Provision of Gas Bank/ PNG:

Over and above provision of Gas Bank/ PNG is subject to availability and

technical feasibility & prior approval of DMRC. Successful bidder agrees

voluntarily and unequivocally not to seek claim, damages, compensation or

any other consideration whatsoever on account of non availability / provision



of Gas Bank. The approved policy for provision of Gas Bank / PNG is placed

in Draft License Agreement annexed at Annexure -15.

h) Provisions of parking:

If available, the parking facility may be used by successful bidder. All

charges, fees and rules for parking will apply as applicable to the general

public and commuters.



CHAPTER 5

SUBMISSION & EVALUTION OF BIDS BY BIDDERS

5.1. No Bidder shall submit more than one bid for a schedule. There are 8 schedules on

offer in this tender. Anyone can bid for any (one) schedule or two schedules or any

combination of schedules or all schedules as per his/her/their eligibility.

5.2. Notwithstanding anything to the contrary contained in this tender document, the

detailed terms specified in the draft license agreement shall have overriding effect;

provided, however, that any conditions or obligations imposed on the bidder hereunder

shall continue to have effect in addition to its obligations under the license agreement.

5.3. The bid should be furnished in the format as per the Annexure-6 for financial bid,

clearly indicating the financial offer in (+) percentage above the given reserve price for

each bare space. In case of mismatch in financial date in the submitted documents i.e.

in Chartered Accountant certificate documents and data in audited balance sheet, the

data from the audited balance sheets shall prevail.

5.4. Bid Variable: The reserve price for each bare space is given in the Annexure-1 of this

RFP and in BOQ. The bidders are required to quote in percentage above the reserve

price given in the BOQ. This percentage above the reserve price shall be uniformly

applicable for each and every bare space given in the BOQ of a schedule. Negative

quotes visa vis reserve price shall not be allowed. The bidders quoting in the negative

percentage shall be disqualified and their EMD and tender cost shall be forfeited. The

bidder can quote the percentage up to one decimal place only.

License fee and IFSD shall be increased & escalated by 20% on compounding basis

after completion of every 3 (three) years of license period.

5.5. Bid Security/EMD:

Bidders have to deposit & pay, along with their Bid, refundable bid security as under:


area (in sqm)

Cost of Tender

Document (INR)

Amount of EMD/Bid

Security (INR)

1 Schedule-1 124.48

23,600/-

2,00,000/-

2 Schedule-2 195.25 2,08,000/-

3 Schedule-3 197.82 2,00,000/-

4 Schedule-4 155.26 2,52,000/-

5 Schedule-5 139.26 2,00,000/-

6 Schedule-6 152.99 2,00,000/-

7 Schedule-7 101.50 1,80,000/-

8 Schedule-8 16.72 61,000/-



Payment of bid security is to be made only by RTGS, NEFT and IMPS for credit to the

designated account of ‘Delhi Metro Rail Corporation Ltd’ as detailed in clause no. 2.9

of this RFP. No other mode of payment will be accepted. The details of bank account

of DMRC for payment of bid security are mentioned in clause 2.9 of NIT. The bid

offer shall be valid for a period not less than One Hundred Eighty (180) days from bid

due date. The bid security of the selected Bidder shall be adjusted against the Interest

Free Security Deposit due as per the License Agreement. The bid security of

unsuccessful bidders shall be refunded after award of License, without considering any

interest thereof. The Bid shall be summarily rejected if it is not accompanied by a valid

Bid Security. If the bidder withdraws their bid at any stage, their Bid Security amount

shall be forfeited by DMRC.

5.6. Bidders to note that the payment of tender security shall be made from the account of

bidder only, however, in case of JV / Consortium the tender security can either be paid

from JV / Consortium account or one of the constituent members of JV / consortium.

If tender security has been made from other than the account mentioned above, same

shall not be accepted and all such bids shall be considered ineligible and summarily

rejected.

5.7. The Bidder should submit a Power of Attorney as per the format at Annexure-5,

authorising the signatory of the Bid to commit the Bidder.

5.8. The Bid and all communications in relation to or concerning the Bidding Documents

and the Bid shall be made in English language.

5.9. The bid shall be submitted by a bidder in two parts under a single stage comprising of

Technical Bid and Financial Bid. The Technical Bid shall include the details for

fulfilling Eligibility criteria as laid down in this document. The Financial Bid shall

include the financial offer of the Bidder in the manner prescribed in this document.

Both the Technical Bid and Financial Bid shall be submitted by the Bidder on the same

date as mentioned in the Tender Document. The offer of Bidder, who does not fulfil

the Eligibility criteria, shall be summarily rejected. The Bidder shall enclose with their

Bid an undertaking stating that all the necessary supporting documents, including

audited accounts and financial statements, certificate(s) from its statutory auditors have

been provided.

5.10. Technical Bid:

The Bidder shall on or before the date and time given in the Notice Inviting Tender,

upload their Tender on e-Tendering portal https://eprocure.gov.in/eprocure/app. The

Bidder shall ensure that a receipt is obtained for the submission of their Tender. Such

receipt is being issued free of charge. The Bidder shall upload scanned copies of,

subject to maximum of, following documents in Technical Bid:

a.) Tender Document Cost deposit slip.

b.) Bid Security submission slip.

c.) Annexure-2 (On Official letterhead of the Bidder).




d.) Annexure-3-General information of the bidder.

e.) Annexure-4-Certificate of Statuary Auditor for eligibility.

f.) Annexure-5-Power of attorney.

g.) Annexure-6-Financial bid

h.) Certified copies of Memorandum and Articles of Association in case of companies

or bodies corporate and attested copy of partnership deed in case of the Partnership

Firm.

i.) In case of JV/Consortium, Annexure- 7, 8 and 9.

j.) Self attested copies of the PAN Card and GST Registration Certificate (of lead

member in case of JV/Consortium). In case any or all of the provisions mentioned

above are not applicable, the Bidder should give a declaration to that effect. Non

submission will not be considered as exemption.

k.) Copies of (duly audited and certified by its statutory auditor of the firm) Profit and

Loss Account/Balance Sheet of the sole proprietor concern or a partnership firm

along with Annual Report in case of a company as per the companies Act.

l.) Copy of the complete Tender Document including Draft License Agreement

(Annexure-15) and Addendum/ Corrigendum (if any) duly signed and stamped on

each page by authorized representative of the Bidder as a token of acceptance of

terms and conditions set out therein.

m.) In addition, a declaration by the bidders, as per Annexure -10, must be submitted

stating that the Tender document has been downloaded from official website of e-

Tendering portal https://eprocure.gov.in/eprocure/app and no changes, whatsoever,

have been made by the bidder. Bids received without the declaration are also liable

to be rejected at any stage.

n.) Annexure 8A- Undertaking for not being banned from business.

o.) Annexure 11 will be submitted as per format for refund of tender security/EMD.

p.) Annexure-12 will be submitted for outstanding dues in old License Agreement in

DMRC.

q.) Annexure-13 will be submitted for details of old license agreement in DMRC.

r.) Annexure-14 list of banned usage.

s.) Annexure-15 Draft License Agreement.

t.) In case, any or all of the provisions mentioned above are not applicable, the bidder

should give a NIL statement/declaration to that effect. Non submission will not be

considered as exemption.

5.11. Financial Bid:

The financial bid shall be filled in the Bill of Quantity (BOQ) format available on

https://eprocure.gov.in/eprocure/app. The bidder has to quote percentage above the

reserve price given in the BOQ as per details/guidelines specified in clause 5.4 (Bid

Variable) of this RFP.

5.12. The documents including this Tender Document and all attached documents, provided

by DMRC shall remain or become the properties of DMRC and are transmitted to the

Bidders solely for the purpose of preparation and the submission of a Bid in

accordance herewith. Bidders are to treat all information as strictly confidential and

shall not use it for any purpose other than for preparation and submission of their Bid.

The provisions of this Clause shall also apply mutatis mutandis to Bids and all other




documents submitted by the Bidders, and DMRC shall not return to the Bidders any

Bid, document or any information provided along therewith.

5.13. The Bidder shall not have a Conflict of Interest that affects the Bidding Process. Any

Bidder found to have a Conflict of Interest shall be disqualified. A Bidder shall be

deemed to have a Conflict of Interest affecting Bidding Process, if a constituent of such

Bidder is also a constituent of another Bidder.

5.14. Cost of Bidding:

The Bidders shall be responsible for all of the costs associated with the preparation of

their Bids and their participation in the Bidding Process. DMRC shall not be

responsible or in any way liable for such costs, regardless of the conduct or outcome of

the Bidding Process.

5.15. Site visit and verification of information:

Bidders are advised to submit their respective Bids after visiting site and ascertaining

themselves with the conditions, traffic, location, surroundings, climate, availability of

power, water and other utilities, access to station/ space, handling and storage of

materials, weather data, applicable laws and regulations and any other matter

considered relevant by them.

5.16. It shall be deemed that by submitting a Bid, the Bidder has:

a) made a complete and careful examination of the bidding documents;

b) received all relevant information from DMRC;

c) accepted the risk of inadequacy, error or mistake in the information provided in

the bidding documents or furnished by or on behalf of DMRC relating to any of

the matters referred to in Tender Document;

d) satisfied itself about all matters, things and information herein above necessary

and required for submitting an informed Bid, execution of the license agreement

in accordance with the bidding documents and performance of all of its

obligations there under;

e) acknowledged and agreed that inadequacy, lack of completeness or incorrectness

of information provided in the bidding documents or ignorance of any of the

matters hereinabove shall not be a basis for any claim for compensation,

damages, claim for performance of its obligations, loss of profits, etc. from

DMRC, or a ground for termination of the License Agreement by the Licensee;

f) acknowledged that it does not have a Conflict of Interest; and

g) Agreed to be bound by the undertakings provided by it under and in terms hereof.

5.17. DMRC shall not be liable for any omission, mistake or error in respect of any of the

above or on account of any matter or thing arising out of or concerning or relating to

tender or the Bidding Process, including any error or mistake therein or in any

information or data given by DMRC.

5.18. Verification and Disqualification:



DMRC reserves the right to verify all statements, information and documents

submitted by the Bidder in response to the Tender Document or the Bidding Document

and the Bidder shall, when so required by DMRC, make available all such information,

evidence and documents as may be necessary for such verification. Any such

verification or lack of such verification, by DMRC shall not relieve the Bidder of its

obligations or liabilities hereunder nor shall it affect any rights of DMRC there under.

5.19. Amendment/s in Tender Document:

a) At any time prior to the due date for submission of bid, DMRC may, for any

reason, modify the Tender Document by the issuance of Addenda/ Corrigenda.

b) Any Addendum/ Corrigendum issued hereunder shall be uploaded on


c) In order to afford the Bidders a reasonable time for taking an Addendum into

account, or for any other reason, DMRC may, in its sole discretion, extend the

Bid submission due date.

5.20. Preparation and Submission of Bids:

a) Format and Signing of Bid: The Bidder shall provide all the information sought

under this Tender Document as per the format/s.

b) The Bid and its copy shall be typed or written in indelible ink and signed by the

authorised signatory of the Bidder who shall also initial each page, in blue ink.

All the alterations, omissions, additions or any other amendments made to the

Bid shall be initialled by the person(s) signing the Bid.

c) The Bidders who have downloaded the Tender Document from the DMRC’s

website / Tender Wizard’s site, should carefully note the following instructions:

i. The Bidders should ensure that the complete Tender Document has been

downloaded.

ii. The printout of Tender Documents should be taken on an ‘A4’ size good

quality paper. The printout should be same as available on DMRC’s website.

The print should be legible and indelible.

iii. The downloaded tender documents should have tamper proof binding. Loose/

spiral bound tender documents shall be rejected out-rightly.

iv. In case of any correction/addition/alteration/omission in the tender document

observed at any stage, the bid shall be treated as non-responsive and shall be

rejected out-rightly.

5.21. Uploading of Application: Bidder shall upload the Application in the formats

specified in Annexure together with the documents specified above.

5.22. All correspondence shall be address to:

General Manager/Property Business,

3rd

Floor, ‘A’ Wing, Metro Bhawan,

Fire Bridge Lane, Barakhamba Road,




New Delhi-110 001

5.23. Bid documents submitted by fax, telex, telegram, mail or e-mail shall not be

entertained and shall be summarily rejected. Bid documents received after the due

date shall be summarily rejected. Applications received without due bid security

amount & tender cost shall be summarily rejected.

5.24. Bid Submission Date: The Bid should be uploaded before due date and time as

detailed in this Tender document. Any bid application received after due date and

time as prescribed in Tender document shall be summarily rejected.

5.25. DMRC shall open the technical bids on the due date of bid submission, at the place &

time specified in this document and in the presence of the Bidders who choose to

attend. DMRC will subsequently examine and evaluate the Technical Bids in

accordance with the Eligibility Criteria set out in this Tender document.

5.26. The Financial Bid shall be opened on a subsequent date after evaluation of Technical

eligibility. Financial Bids of only those Bidders, whose submissions are found to

fulfil the eligibility criteria as stipulated in Chapter-3 above, shall be opened. The

offer of Bidder, who does not fulfil the Eligibility criteria, shall be summarily

rejected. The time of opening of Financial Bid shall be informed separately to the

eligible Bidders and eligible Bidders can be present to witness the opening of the

Financial Bid.

5.27. To facilitate evaluation of Bids, DMRC may, at its sole discretion, seek clarifications

in writing from any Bidder regarding its Bid.

5.28. Evaluation of Bid: The evaluation and assessment for the selection of the Bidder

shall be based on the Bid Variable i.e. the percentage above reserve price per square

meter per month quoted by the Bidder. The Technically Eligible Bidder, quoting the

highest percentage above reserve price of License fee per sqm/month, shall be the

highest Bidder whose offer shall be evaluated and assessed by DMRC. In case the

bids of two or more bidders are equal and are the highest bid, then the bidder having

the highest turnover in last 3 financial years will be selected for awarding of the

license.

5.29. After evaluation of Bids, Letter of Acceptance (the “LOA”) shall be issued, in

duplicate, by DMRC to the successful Bidder and the Selected Bidder/licensee shall,

within 7 (seven) days of the date of issue of the LOA, sign with stamp and return the

duplicate copy of the LOA as token of unconditional acceptance and

acknowledgement thereof. In the event the duplicate copy of the LOA duly signed &

stamped by the Selected Bidder is not received by the stipulated date, DMRC may,

unless it consents to extension of time for submission thereof, cancel & withdraw the

LOA & forfeit appropriate the Bid Security & any other payments made to DMRC

by such Bidder as Damages on account of failure of the Selected Bidder to

unconditionally accept the terms of LOA.



5.30. Refund of EMD/Tender Security for unsuccessful bidders: Bidders are required to

submit Annexure-11 for refund of EMD/Tender Security, if the same has been

submitted in the form of Demand Draft / Banker’s Cheque or by RTGS/NEFT/IMPS.

5.31. Successful Bidder is required to deposit Interest Free Security Deposit/Upfront

amount/Any other required within stipulated time period as mentioned in LOA i.e.

within 30 (thirty) days of date of issuance of LOA. In case successful bidder fails to

submit the same as advised in the LOA within 30 (thirty) days time period, same can

also be submitted with interest as detailed below:

Days from issuance of LOA Rate of Interest

Up to 30 days NIL

Delay up to 15 days @18% per annum

Delay beyond 15 days @ 24% per annum

The aforementioned interest is excluding GST and shall be charged on the balance

amount remaining unpaid as per the LOA. The amount against penal surcharge shall

be paid through RTGS, NEFT or IMPS.

5.32. In case the LOA payments aren’t made even after expiry of time period as mentioned

above in Para 5.29 and in the Letter of Acceptance (LOA) i.e. if the LOA payments

are made even up to the extended time period i.e. up to 60th

day from date of issuance

of LOA, the LOA shall stand cancelled and amount of bid security & any other

payments made to DMRC shall stand forfeited in favour of DMRC. The bidder

voluntarily and unequivocally agrees not to seek any claim, compensation, damages

or any other consideration, whatsoever on this account.

5.33. After acknowledgement of the LOA and payment of dues as mentioned above, the

Selected Bidder shall execute the License Agreement within the stipulated period

prescribed in Tender Document i.e. within 30 (thirty) days of the handing over of the

Bare Spaces. The Selected Bidder shall not be entitled to seek any deviation,

modification or amendment in the format of License Agreement.

5.34. Notwithstanding anything contained in this Tender Document, DMRC reserves the

right to accept or reject any Bid offer and to annul the Bidding Process and reject all

Bid offers, at any time without any liability or any obligation for such acceptance,

rejection or annulment, and without assigning any reason therefore. In the event that

DMRC rejects or annuls all the Bids, it may, in its discretion, invite all eligible

Bidders to submit fresh Bids hereunder.

5.35. Confidentiality: Information relating to the examination, clarification, evaluation, and

recommendation for the Bidders shall not be disclosed to any person who is not

officially concerned with the process or is not a retained professional advisor

advising DMRC in relation to or matters arising out of, or concerning the Bidding

Process. DMRC shall treat all information, submitted as part of Bid, in confidence



and shall require all those who have access to such material to treat the same in

confidence. DMRC may not divulge any such information unless it is directed to do

so by any statutory entity that has the power under law to require its disclosure or is

to enforce or assert any right or privilege of the statutory entity and/ or DMRC or as

may be required by law or in connection with any legal process.

CHAPTER – 6

INSTRUCTIONS FOR ONLINE BID SUBMISSION

6.1 General

The bidders are required to submit soft copies of their bids electronically on the CPP Portal,

using valid Digital Signature Certificates. The instructions given below are meant to assist

the bidders in registering on the CPP Portal, prepare their bids in accordance with the

requirements and submitting their bids online on the CPP Portal.

More information useful for submitting online bids on the CPP Portal may be obtained at:


6.2 REGISTRATION

a) Bidders are required to enroll on the e-Procurement module of the Central Public

Procurement Portal (URL: https://eprocure.gov.in/eprocure/app) by clicking on the

link “Online bidder Enrollment” on the CPP Portal which is free of charge.

b) As part of the enrolment process, the bidders will be required to choose a unique

username and assign a password for their accounts.

c) Bidders are advised to register their valid email address and mobile numbers as part

of the registration process. These would be used for any communication from the

CPP Portal.

d) Upon enrolment, the bidders will be required to register their valid Digital Signature

Certificate (Class II or Class III Certificates with signing key usage) issued by any

Certifying Authority recognized by CCA India (e.g. Sify / nCode / eMudhra etc.),

with their profile.

e) Only one valid DSC should be registered by a bidder. Please note that the bidders are

responsible to ensure that they do not lend their DSC’s to others which may lead to

misuse.

f) Bidder then logs in to the site through the secured log-in by entering their user ID /

password and the password of the DSC / e-Token.

6.3 SEARCHING FOR TENDER DOCUMENTS

a) There are various search options built in the CPP Portal, to facilitate bidders to search

active tenders by several parameters. These parameters could include Tender ID,

Organization Name, Location, Date, Value, etc. There is also an option of advanced

search for tenders, wherein the bidders may combine a number of search parameters

such as Organization Name, Form of Contract, Location, Date, Other keywords etc.

to search for a tender published on the CPP Portal.

b) Once the bidders have selected the tenders they are interested in, they may download

the required documents / tender schedules. These tenders can be moved to the

respective ‘My Tenders’ folder. This would enable the CPP Portal to intimate the





bidders through SMS / e-mail in case there is any corrigendum issued to the tender

document.

c) The bidder should make a note of the unique Tender ID assigned to each tender, in

case they want to obtain any clarification / help from the Helpdesk.

6.4 PREPARATION OF BIDS

a) Bidder should take into account any Corrigendum / Addendum published on the

tender document before submitting their bids.

b) Bidders are advised to go through the tender advertisement and the tender document

carefully to understand the documents required to be submitted as part of the bid.

Please note the number of covers in which the bid documents have to be submitted,

the number of documents - including the names and content of each of the document

that need to be submitted. Any deviations from these may lead to rejection of the bid.

c) Bidder, in advance, should get ready the bid documents to be uploaded as indicated

in the tender document / schedule and generally, they can be in PDF / XLS / RAR /

DWF/JPG formats. Bid documents may be scanned with 100 dpi with black and

white option which helps in reducing size of the scanned document.

d) Bidder should prepare and submit the tender document cost & EMD/bid security as

per the instructions specified in the tender document by online mode only i.e.

RTGS/NEFT/IMPS. The tender document cost & EMD/Bid Security shall be

submitted latest by the last date of bid submission or specified in the tender

documents. The details of the RTGS/NEFT/IMPS should be uploaded along with the

bid before the last date of bid submission. Otherwise, the uploaded bid will be

rejected.

e) To avoid the time and effort required in uploading the same set of standard

documents which are required to be uploaded as a part of every bid, a provision of

uploading such standard documents (e.g. PAN card copy, annual reports, auditor

certificates etc.) has been provided to the bidders. Bidders can use “My Space” or

‘’Other Important Documents’’ area available to them to upload such documents.

These documents may be directly submitted from the “My Space” area while

submitting a bid, and need not be uploaded again and again. This will lead to a

reduction in the time required for bid submission process.

6.5 SUBMISSION OF TENDER/BIDS

a) Bidder should log into the site well in advance for bid submission so that they can

upload the bid in time i.e. on or before the bid submission time. Bidder will be

responsible for any delay due to other issues.

b) The bidder has to digitally sign and upload the required bid documents one by one as

indicated in the tender document.

c) Bidder has to select the payment option as “online” to pay the tender fee / EMD as

applicable and enter details of payment.

d) Bidders are requested to note that they should necessarily submit their financial bids

in the format provided and no other format is acceptable. If the price bid has been

given as a standard BOQ format with the tender document, then the same is to be

downloaded and to be filled by all the bidders. Bidders are required to download the

BOQ file, open it and complete the white coloured (unprotected) cells with their

respective financial quotes and other details (such as name of the bidder). No other

cells should be changed. Once the details have been completed, the bidder should

save it and submit it online, without changing the filename. If the BOQ file is found

to be modified by the bidder, the bid will be rejected.



e) The server time (which is displayed on the bidders’ dashboard) will be considered as

the standard time for referencing the deadlines for submission of the bids by the

bidders, opening of bids etc. The bidders should follow this time during bid

submission.

g) All the documents being uploaded by the bidders would be encrypted using PKI

encryption techniques to ensure the secrecy of the data. The data entered cannot be

viewed by unauthorized persons until the time of bid opening. The confidentiality of

the bids is maintained using the secured Socket Layer 128 bit encryption technology.

Data storage encryption of sensitive fields is done. Any bid document that is

uploaded to the server is subjected to symmetric encryption using a system generated

symmetric key. Further this key is subjected to asymmetric encryption using

buyers/bid openers public keys.

h) The uploaded tender documents become readable only after the tender opening by the

authorized bid openers.

i) Upon the successful and timely submission of bids (i.e. after Clicking “Freeze Bid

Submission” in the portal), the portal will give a successful bid submission message

& a bid summary will be displayed with the bid no. and the date & time of

submission of the bid with all other relevant details.

j) The bid summary has to be printed and kept as an acknowledgement of the

submission of the bid. This acknowledgement may be used as an entry pass for any

bid opening meetings.

6.6 ASSISTANCE TO BIDDERS

i) Any queries relating to the tender document and the terms and conditions contained

therein should be addressed to the Tender Inviting Authority for a tender or the

relevant contact person indicated in the tender.

ii) Any queries relating to the process of online bid submission or queries relating to

CPP Portal in general may be directed to the 24x7 CPP Portal Helpdesk.

iii) For any Technical queries related to Operation of the Central Public Procurement

Portal Contact at:

Mobile Numbers: 91 7878007972, 91 7878007973, 91 7574889871, 91 7574889874,

91 8826246593 Tel: The 24 x 7 Toll Free Telephonic Help Desk Number 1800 3070

2232. Other Tel: 0120-4200462, 0120-4001002. E-Mail: [email protected]

6.7 Late Bids: Tenders have to be uploaded on e-Tendering portal

https://eprocure.gov.in/eprocure/app before the due date and time of Tender

submission. DMRC will not be responsible for any delay, internet connection failure or

any error in uploading the Tender submission. The Bidder are advised to upload their

submissions well before the due date and time of Tender submission to avoid any

problems and last minute rush. The DMRC may, at their discretion, extend the deadline

for submission of Tenders by issuing an amendment, in which case all rights and

obligations of DMRC and the Bidder previously subject to the original deadline will

thereafter be subject to the deadline as extended.

6.8 Modification, Substitution and Withdrawal of Tenders:

A Bidder may withdraw, substitute, or modify their tender after it has been submitted.

No Tender may be withdrawn, substituted, or modified in the interval between the

deadline for submission of Tenders and the expiration of the period of Tender validity

specified by the Bidder on the Letter of Tender or any extension thereof. Withdrawal of

Tender during the specified period shall result in forfeiture of Tender security.

6.9 Tender Opening:




The Tenders shall be opened online by the opening committee on due date and time of

Tender opening. The Tender security will be checked and details will be read out for

the information of representative of Bidder. Technical package of those Bidders who

have not submitted Tender security shall not be opened. Tender which is accompanied

by an unacceptable or fraudulent Tender Security shall be considered as non-compliant

and rejected. The Technical Package of all the Bidder shall be opened in the presence

of Bidder or their representatives who choose to attend on date & time as mentioned in

Tender document in the office Sr. Dy. GM / Property Business, DMRC, 3rd

floor, A -

Wing, Metro Bhawan, Fire Brigade Lane, Barakhamba Road, New Delhi – 110001. If

such nominated date for opening of Tender is subsequently declared as a Public

Holiday by the DMRC, the next official working day shall be deemed as the date of

opening of Technical Package. The Tender of any Bidder who has not complied with

one or more of the foregoing instructions may not be considered. The details will be

read out for the information of representative of Bidder, present at the time of opening

of Tender. On opening of the Tender, it will be checked if they contain Pre-

Qualification, Technical & Financial Packages. Pre-Qualification & Technical

packages of the Bidder not containing financial package shall not be opened. DMRC

shall prepare a record of opening of the Pre-Qualification, Technical & Financial

Packages, which shall include the name of bidder and whether there is a withdrawal,

substitution or modification; alternative proposals, and presence or absence of a Tender

security. The Bidder representatives who are present shall be requested to sign the

record. The omission of a bidder’s signature on the record shall not invalidate the

contents and effect of the record. The Bidder name, details of the Tender security and

such other details as the DMRC, at their discretion, may consider appropriate will be

announced at the time of Tender opening. The sealed financial package will be opened

on a subsequent date after evaluation of technical packages. Financial packages of only

those Bidders whose submissions are found substantially responsive and technically

compliant will be opened. The time of opening of financial package shall only be

informed separately to the Bidders who have qualified during Pre-Qualification and

Technical evaluation stages and Bidder can be present to witness opening of Financial

Package.

6.10 Evaluation of Financial Proposals:

DMRC shall open Financial Package of all the Bidders who have satisfied/qualified the

Pre-Eligibility (financial & technical) criteria and have submitted substantially

responsive Technical Tenders, in the presence of Bidder’s representatives who choose

to attend at the address, date and time informed / specified by DMRC. The financial

bids of the bidders shall be opened one at a time, reading out: the name of the Bidder

and whether there is a modification; the Tender Price(s), and any other details as

DMRC may consider appropriate. Only Financial Package read out and recorded

during the opening of Price Tenders shall be considered for evaluation. No Tender

shall be rejected at the opening of Price Tenders. The Bidder’ representatives who are

present shall be requested to sign the record. The omission of a Bidder’s signature on

the record shall not invalidate the contents and effect of the record. A copy of the

record shall be distributed to all Bidder. If in case the quoted highest bids of two or

more Bidder are equal then the bidder having highest gross turnover in the last three

financial years shall be selected.



6.11 Correction of Errors:

Tenders determined to be substantially responsive will be checked by DMRC for any

arithmetical errors in computation and summation during financial evaluation. Errors

will be corrected as follows:

a.) Where there is a discrepancy between amounts in figures and in words, the

amount in words will govern, unless the amount expressed in words is related to

an arithmetical error, in which case the amount in figures shall prevail;

b.) Where there is a discrepancy between the unit price and the total amount derived

from the multiplication of the unit price and the quantity, the unit price as quoted

will normally govern unless in the opinion of DMRC there is an obviously gross

misplacement of the decimal point in the unit price, in which event, the total

amount as quoted will govern; and

c.) If there is an error in a total corresponding to the addition or subtraction of

subtotals, the subtotals shall prevail and the total shall be corrected.

If a Bidder does not accept the correction of errors as outlined above, their

Tender will be rejected and the Tender security forfeited. The Bidder are

required to download the addendum, post bid queries etc. from e-Tendering

portal https://eprocure.gov.in/eprocure/app.

6.12 Amendment to Tender Documents:

During the tender period, DMRC may issue further instructions to Bidder or any

modifications to existing Tender documents in the form of an addendum. Such

amendment/corrigendum in the form of an addendum / corrigendum will be uploaded

on the e-Tendering portal addendum/corrigendum will be uploaded on the e-

Tendering portal https://eprocure.gov.in/eprocure/app within the date given in NIT

which shall be available for all the prospective Bidder who have purchased the

Tender document in the Tender period.





CHAPTER 7

MISCELLANEOUS

7.1 The Bidding Process shall be governed by, and construed in accordance with, the

laws of India and the Courts at New Delhi shall have exclusive jurisdiction over all

the disputes arising under, pursuant to and/ or in connection with the Bidding

Process.

7.2 During the bidding process no dispute of any type would be entertained. Even in such

cases where DMRC asks for additional information from any bidder, the same cannot

be adduced as a reason for citing any dispute. All disputes between the selected

bidder and DMRC shall be settled as per the Dispute Resolution procedure elaborated

in the Draft License Agreement after signing of the license agreement. The courts at

Delhi shall have the sole & exclusive jurisdiction to try all the cases arising out of

this license agreement. In case of any correction/addition/omission in the tender

document observed at any stage, the bid shall be treated as non-responsive and shall

be rejected.

7.3 DMRC, in its sole discretion and without incurring any obligation or liability,

reserves the right, at any time, to;

a) suspend and/ or cancel the Bidding Process and/ or amend and/ or supplement the

Bidding Process or modify the dates or other terms and conditions relating

thereto;

b) consult with any Bidder in order to receive clarification or further information;

c) retain any information and/ or evidence submitted to DMRC by, on behalf of,

and/ or in relation to any Bidder; and/ or

d) Independently verify, disqualify, reject and/ or accept any and all submissions or

other information and/ or evidence submitted by or on behalf of any Bidder.

7.4 It shall be deemed that by submitting the Bid, the Bidder agrees and releases DMRC,

its employees, agents and advisers, irrevocably, unconditionally, fully and finally

from any and all liability for claims, losses, damages, costs, expenses or liabilities in

any way related to or arising from the exercise of any rights and/ or performance of

any obligations hereunder, pursuant hereto and/ or in connection with the Bidding

Process and waives, to the fullest extent permitted by applicable laws, any and all

rights and/ or claims it may have in this respect, whether actual or contingent,

whether present or in future.

7.5 The Tender Document and License Agreement are to be taken as mutually

explanatory and, unless otherwise expressly provided elsewhere in this Tender

Document, in the event of any conflict between them, the priority shall be in the

following order:

(a) License Agreement

(b) Tender Document;

i.e., the License Agreement above shall prevail over Tender Document.



CHAPTER-8

FRAUD AND CORRUPT PRACTICES

8.1 Bidders and their respective officers, employees, agents and advisers shall observe

highest standard of ethics during Bidding Process and subsequent to issue of LOA and

during subsistence of License Agreement. Notwithstanding anything to the contrary

contained herein, or in the LOA or the License Agreement, DMRC may reject a Bid,

withdraw the LOA, or terminate the License Agreement, as the case may be, without

being liable in any manner whatsoever to the Bidder or Licensee, as the case may be, if

it determines that the Bidder or Licensee, as the case may be, has directly or indirectly

or through an agent, engaged in corrupt practice, fraudulent practice, coercive practice,

undesirable practice or restrictive practice in the Bidding Process. In such an event,

DMRC shall be entitled to forfeit & appropriate Bid Security, Interest Free Security

Deposit / Performance Security and advance License Fee received as the case may be,

as Damages, without prejudice to any other right or remedy available to DMRC under

Bidding Documents and/ or License Agreement, or otherwise.

8.2 Without prejudice to the rights of DMRC under Clause 9.1 hereinabove and the rights

and remedies which DMRC may have under the LOA or the License Agreement, or

otherwise if a Bidder or Licensee, as the case may be, is found by DMRC to have

directly or indirectly or through an agent, engaged or indulged in any corrupt practice,

fraudulent practice, coercive practice, undesirable practice or restrictive practice during

the Bidding Process, or after the issue of the LOA or the execution of the License

Agreement, such Bidder or Licensee shall not be eligible to participate in any tender or

RFP issued by DMRC during a period of 2 (two) years from the date such Bidder is

found by DMRC to have engaged, directly or indirectly, in any corrupt practice,

fraudulent practice, coercive practice, undesirable practice or restrictive practice.

8.3 For the purposes of this Clause, the following terms shall have the meaning hereinafter

respectively assigned to them:

(a) “Corrupt practice” means offering, giving, receiving, or soliciting, directly or

indirectly, of anything of value to influence actions of any person connected with

Bidding Process.

(b) “Fraudulent practice” means a misrepresentation or omission of facts or

suppression of facts or disclosure of incomplete facts, in order to influence the

Bidding Process;

(c) “Coercive practice” means impairing or harming, or threatening to impair or

harm, directly or indirectly, any person or property to influence any person’s

participation or action in the Bidding Process;

(d) “Undesirable practice” means (i) establishing contact with any person connected

with or employed or engaged by DMRC with the objective of canvassing,

lobbying or in any manner influencing or attempting to influence the Bidding

Process; or (ii) having a Conflict of Interest; and

(e) “Restrictive practice” means forming a cartel or arriving at any understanding or

arrangement among Bidders with the objective of restricting or manipulating a

full and fair competition in the Bidding Process.

8.4 DMRC reserves the right to reject any Bid and appropriate the Bid Security if:



(a) at any time, a material misrepresentation is made or uncovered, or

(b) the Bidder does not provide, within the time specified by DMRC, the

supplemental information sought by DMRC for evaluation of the Bid.

Such misrepresentation/ improper response shall lead to the disqualification

of the Bidder.

8.5 In case it is found during the evaluation or at any time before signing of the

License Agreement or after its execution and during the period of subsistence

thereof, including the License thereby granted by DMRC, that one or more of

the Eligibility criteria have not been met by the Bidder, or the Bidder has

made material misrepresentation or has given any materially incorrect or false

information, the Bidder shall be disqualified forthwith if not yet appointed as

the Licensee either by issue of the LOA or entering into of the License

Agreement, and if the Selected Bidder has already been issued the LOA or

has entered into the License Agreement, as the case may be, the same shall,

notwithstanding anything to the contrary contained therein or in this RFP, be

liable to be terminated, by a communication in writing by DMRC to the

Selected Bidder or the Licensee, as the case may be, without DMRC being

liable in any manner whatsoever to the Selected Bidder or Licensee. In such

an event, DMRC shall be entitled to forfeit and appropriate the Bid Security

and Interest Free Security Deposit / Performance Security and advance

License fee received if any, as the case may be, as Damages, without

prejudice to any other right or remedy that may be available to DMRC under

the Bidding Documents and/ or the License Agreement, or otherwise.



CHAPTER 9

DEFINITIONS

a. “Agreement” means the License Agreement to be executed between DMRC and the

selected bidder in the format approved by DMRC and includes any amendments,

annexure hereto made in accordance with the provisions hereof.

b. “Applicable Laws” means all laws, brought into force and effect by Govt. of India,

State Governments, local bodies and statutory agencies and rules/ regulations/

notifications issued by them from time to time. It also include judgments, decrees,

injunctions, writs and orders of any court or judicial authority as may be in force and

effected from time to time.

c. “Applicable Permits” means all clearances, permits, authorizations, consents and

approvals required to be obtained or maintained under Applicable Law, in connection

with the “Bare Spaces” during the subsistence of this Agreement.

d. “Bidder” means any entity which is a sole proprietorship firm, a partnership firm or a

company having registered office in India & incorporated under companies at

1956/2013, or a combination of above in the form of Joint Venture (JV) or consortium.

e. “As is where is basis” means DMRC shall license & provide the bare spaces as per

annexure -1 of this tender document on “as is where is basis”. Successful bidder shall not

make any additions or alterations in the licensed space, installations / utilities including

electric installations, wiring and water, sanitary pipeline (if any) without the prior

permission of DMRC in writing and when permitted by the DMRC the said additions

and alterations shall be carried out by the successful bidder at their own cost. They shall

not be entitled to any compensation for any additions carried out by them in the licensed

Bare Spaces rather successful bidder shall be required to hand over the licensed Bare

Spaces in original condition at the end of license period.

f. “Bid” means the documents in their entirety comprised in the bid, including all

clarifications, addenda and revisions issued by DMRC to the bidders, the Proposal

submitted by the successful bidder in response to the Bid Notice in accordance with the

provisions thereof.

g. “Bidder” is the Bidder who is fulfilling the criteria laid down in Tender Document.

h. “Bid Security” means the refundable interest free amount to be submitted by the

bidders along with tender document to DMRC.



i. “Bare Spaces” means Bare Spaces namely the specified area in 8 schedules at

Annexure-1 of Tender Document for commercial development on license basis offered

by DMRC to the licensee under and in accordance with this License Agreement.

j. “Commencement Date or Handover Date” means the date on which vacant Bare

Spaces is handed over by DMRC to the licensee, in accordance with the terms of this

agreement.

k. “License” means the licensing rights granted by DMRC to the selected bidder for

commercial activity as permitted in the tender document/ license agreement (excluding

banned list of usage of premises) inside Bare Spaces at AIIMS Metro Station at Line-

2, Noida Sector-52 & Noida Electronic City Metro Stations of Line-3, Raja Nahar

Singh Metro Station at Line-6, Azadpur & Shalimar Bagh Metro Stations of Line-7

and Kalkaji Mandir, Nehru Enclave, Chirag Delhi & Janakpuri West of Line-8

Metro Stations in 8 schedules, based on the terms and conditions of the License

Agreement.

l. “Licensee” means the selected bidder, who has executed the license agreement with

DMRC pursuant to bidding process for carrying out commercial activities as permitted in

the tender document/ license agreement (excluding banned list of usage of premises) at

selected Metro Stations of Line-2, 3, 6, 7 & 8.

m. “License Fee” means the amount payable by the licensee to DMRC as per rates

offered by the selected bidder for its commercial utilization and accepted by DMRC for

Bare Spaces to be paid by the Licensee along with other DMRC charges and any kind of

Central or State Taxes, local levies, GST, statutory dues, etc that may be payable by the

licensee as per prevalent law.

n. “Sub Licensee” means all person/ agency with whom Licensee has executed sub

license agreement as per terms and conditions of license agreement executed between

DMRC and the Licensee, for commercial utilization of the Bare Spaces.

o. “DMRC” means Delhi Metro Rail Corporation Limited, A joint venture of Govt. of

India and Govt. of National Capital Territory of Delhi incorporated under the Companies

Act, 1956.

p. “Interest Free Security Deposit/ Performance Guarantee” means interest free

amount to be deposited by the Licensee with DMRC as per terms and conditions of

License Agreement as a security against the performance of the License Agreement.

q. “License Period” means the period beginning from the Commencement Date and

ending on the Termination Date by efflux of time or sooner determination in accordance

with the date of this Agreement.



r. “Selected Bidder” means the bidder who has been selected by DMRC, pursuant to the

bidding process for award of license.

s. “Damages” shall mean any claim of DMRC against the Licensee for breach of this

Agreement, including but not limited to, losses, dues, arrears etc. against which DMRC

shall be entitled to claim and adjust the Security Deposit/ Performance Guarantee.

t. “Permits” shall mean and include all applicable statutory, environmental or regulatory

licenses, authorization, permits, consents, approvals, registrations and franchises from

concerned authorities.

u. "Tax" means and includes all taxes, fees, cesses, levies that may be payable by the

Licensee under the Applicable Law to the Government or any of its agencies.

v. “Termination” means termination of this Agreement by efflux of time or sooner

determination in accordance with the provisions of this License Agreement.

w. “Termination Date” means the end of the License period or date of sooner

determination of the License period in accordance with the terms of this Agreement

whichever is earlier.

x. "Change in Law” means the occurrence or coming into force of any of the

following after the date of signing this Agreement:

a) The enactment of any new Indian law

b) The repeal, modification or re-enactment of any existing Indian law

c) Any change in the rate of any Tax

Provided that Change in Law shall not include:

i. Coming into effect after the date of signing this Agreement of any provision of a

statute which is already in place as on the date of signing this Agreement (or)

ii. Any new law or any change in existing law under the active consideration of or in the

contemplation of any Government as of the date of signing this Agreement, which

is a matter of public knowledge.



Annexure-1

DETAIL OF BARE SPACES OFFERED FOR LICENSING

Schedule-1


Sqm

Location Reserve price

in sqm/month

(INR)

1 Azadpur 104.34 Ground Level (at

different locations) 390


Total 124.48

Schedule-2

S/N Name of Metro

Station

Approxim

ate area

(in sqm)


(Sqm/Month)(INR)

1 Kalkaji Mandir (Line-8) 135.50 Interchange area 590

2 Kalkaji Mandir (Line-8) 59.75 Concourse Level 590


Schedule-3

S/N Name of Metro

Station

Approximate

area (in sqm)


(Sqm/Month)(INR)

1 Nehru Enclave 35 Concourse Level 560



Schedule-4

S/N Name of Metro

Station

Approximate

area (in sqm)


(Sqm/Month)(INR)




Schedule-5

S/N Name of Metro

Station

Approximate

area (in sqm)


(Sqm/Month)(INR)





Schedule-6

S/N Name of Metro

Station

Approximate

area (in sqm)


(Sqm/Month)(INR)

1 Noida Electronic

City 114.56 Concourse Level

700



2 Noida Electronic


700


Schedule-7

S/N Name of Metro

Station

Approximate

area (in sqm)


(Sqm/Month)(INR)

1 Raja Nahar Singh

31.50

Lower Concourse

Level 480



Schedule-8

S/N Name of Metro

Station

Approximate

area (in sqm)


(Sqm/Month)(INR)

1 AIIMS

16.72

Lower Concourse

Level 1000

Note-1: Area indicated above is approximate. Actual area measured at the time of

handing over shall be final. If there is any variation in area the License Fee

and other dues shall be charged for actual area handed over.

Note -2: Successful bidder shall be required to execute all developmental work at their

own cost as required for commercial development in the tendered area where

only temporary structure shall be developed as per DMRC specifications.

Note-3: Aforementioned Bare Spaces are offered on license basis is available on “as is

where is basis”.

Note-4: The Commercial Space(s) can be utilized for any activity except banned list of

usages as given in Annexure-14 of Draft License Agreement, including for

Restaurant cum Bar with serving of liquor. Supermarket or departmental

stores where sealed liquor may be sold along with other departmental store

items is allowed but no exclusive display of “sale of liquor” or advertisement

of liquor brand is permitted. However, shops exclusively selling liquor and/or

alcohol based beverages/drinks are not permitted. The responsibility of taking

prior approvals & relevant licenses from all the relevant legal and statutory

authorities as per the applicable laws of operation of its business shall solely

lie with successful bidder. Furthermore, successful bidder shall also ensure

prominent display of information regarding prohibition of travelling in metro

in drunken state.



Annexure-2

Letter Comprising the Bid

(On Official letterhead of the Bidder)

No: Dated:

General Manager/Property Business,

3rd

Floor, A Wing, Metro Bhawan,


New Delhi-110001

Subject: Details of Bare Spaces offered for Licensing Rights of bare spaces at

AIIMS Metro Station at Line-2, Noida Sector-52 & Noida Electronic City

Metro Stations of Line-3, Raja Nahar Singh Metro Station at Line-6,

Azadpur & Shalimar Bagh Metro Stations of Line-7 and Kalkaji

Mandir, Nehru Enclave, Chirag Delhi & Janakpuri West of Line-8

Metro Stations in 8 schedules.

Sir,

With reference to above subject, I/we, having examined the Bidding Documents and

understood their contents, hereby submit my/our Bid for the aforesaid Licensing Rights for

commercial activities in Bare Spaces on fixed License Fees basis of bare spaces offered for

licensing rights at AIIMS Metro Station at Line-2, Noida Sector-52 & Noida Electronic

City Metro Stations of Line-3, Raja Nahar Singh Metro Station at Line-6, Azadpur &

Shalimar Bagh Metro Stations of Line-7 and Kalkaji Mandir, Nehru Enclave, Chirag

Delhi & Janakpuri West of Line-8 Metro Stations in 8 schedules. The Bid is

unconditional and unqualified.

1. I/ We acknowledge that DMRC shall be relying on the information provided in the Bid

and the documents accompanying the Bid for selection of the Licensee for the

aforesaid subject, and we certify that all information provided therein is true and

correct; nothing has been omitted which renders such information misleading; and all

documents accompanying the Bid are true copies of their respective originals.

2. This statement is made for the express purpose of our selection as Licensee for the

aforesaid subject. I/ We shall make available to DMRC any additional information it

may find necessary or require to supplement or authenticate the Bid.

3. I/ We acknowledge the right of DMRC to reject our Bid without assigning any reason

or otherwise and hereby waive, to the fullest extent permitted by applicable law, our

right to challenge the same on any account whatsoever.



4. I/ We declare that:

(a) I/ We have examined and have no reservations to the bidding documents,

including Addendum/ Corrigendum, if any, issued by DMRC; and

(b) I/ We do not have any conflict of interest in accordance with provisions of the

Tender document; and

(c) I/ We have not directly or indirectly or through an agent engaged or indulged in

any corrupt practice, fraudulent practice, coercive practice, undesirable practice or

restrictive practice, as stipulated in the tender document, in respect of any Bid or

tender document issued by or any agreement entered into with DMRC; and

(d) I/ We hereby certify that we have taken steps to ensure that in conformity with the

provisions of the Tender, no person acting for us or on our behalf has engaged or

shall engage in any corrupt practice, fraudulent practice, coercive practice,

undesirable practice or restrictive practice; and

(e) the undertakings given by me/us along with the Application in response to the

tender for the above subject were true and correct as on the date of making the Bid

Application and are also true and correct as on the Bid due date and I/we shall

continue to abide by them.

5. I/ We understand that you may cancel the bidding process at any time and that you are

neither bound to accept any Bid that you may receive nor to invite the Bidders to Bid

for the above subject, without incurring any liability to the Bidders, in accordance with

provisions of the tender document.

6. I/ We hereby irrevocably waive any right or remedy which we may have at any stage at

law or howsoever otherwise arising to challenge or question any decision taken by

DMRC in connection with the selection of the Bidder, or in connection with the

bidding process itself, in respect of the above mentioned subject License Agreement

and the terms and implementation thereof.

7. In the event of my/ our being declared as the selected bidder, I/we agree to enter into a

License Agreement in accordance with the draft that has been provided to me/ us prior

to the Bid due date. We agree not to seek any changes in the aforesaid draft and agree

to abide by the same.

8. I/ We have studied all the bidding documents carefully and also surveyed the DMRC

space. We understand that except to the extent as expressly set-forth in the License

Agreement, we shall have no claim, right or title arising out of any documents or

information provided to us by DMRC or in respect of any matter arising out of or

relating to the bidding process including the award of License Agreement.

9. I/ We offer due bid security to DMRC in accordance with the tender document. The

documents accompanying the Bid, as specified in tender document, have been

submitted in a separately as “Enclosures of the Bid”.



10. I/ We agree and understand that the Bid is subject to the provisions of the bidding

documents. In no case, I/we shall have any claim or right of whatsoever nature if the

licensing rights as mentioned in above subject are not awarded to me/us or our Bid is

not opened or rejected.

11. The financial offer has been quoted by me/us after taking into consideration all the

terms and conditions stated in the tender document, draft License Agreement, addenda

/corrigenda, our own estimates of costs and after a careful assessment of the site and all

the conditions that may affect the project cost and implementation of the project.

12. I/ We agree and undertake to abide by all the terms and conditions of the tender

document.

13. I/We agree and undertake to be jointly and severally liable for all the obligations of the

Licensee under the License Agreement for the license period in accordance with the

agreement.

14. I/ We shall keep this offer valid for 180 (one hundred and eighty) days from the Bid

due date specified in the tender document.

15. I/ We hereby submit/ upload bid documents i.e. tender documents and Draft License

Agreement duly signed on each page as token of unconditional acceptance of all terms

and conditions set out herewith.

(Following declaration is to be submitted only by the Bidders who have downloaded the

Tender document from https://eprocure.gov.in/eprocure/app)

I / We declare that the submitted/ uploaded tender documents are same as available on

https://eprocure.gov.in/eprocure/app. I / We have not made any modification / corrections /

additions etc. in the tender document. I / We have checked that no page is missing and all

pages are legible and indelible. I / We have properly bound the tender document. In case at

any stage, it is found that there is any difference in the downloaded tender document from

the original tender document available at https://eprocure.gov.in/eprocure/app, DMRC shall

have the absolute right to reject my/ our bid or terminate the license agreement after issue of

Letter of Acceptance, without any prejudice to take any other action as specified for material

breach of conditions of Bid/ License Agreement.

In witness thereof, I/we submit this Bid under and in accordance with the terms of the tender

document.

Yours

(Signature, name and designation of the Authorised signatory)






Name and seal of Bidder/Lead Member

Date:

Place:



Annexure-3

General Information of the Bidder

1. (a) Name :

(b) Country of incorporation :

(c) Address of the corporate headquarters :

(d) Address of its branch office(s) in India:

2. Details of individual(s) who shall serve as the point of contact/ communication for

DMRC within the Company:

(a) Name :

(b) Designation :

(c) Company :

(d) Address :

(e) Telephone Number :

(f) Fax Number :

(g) E-Mail Address :

3. In case of Consortium/JV:

a. The information above (1 & 2) shall be provided for all the members of the

consortium.

b. Information regarding role of each member :

S/N Name of Member Proportion of Equity to be

held in the Consortium

Role*

1

2

3

* Specify whether Lead Member / Ordinary Member

Signed

(Name of the Authorised Signatory)

For and on behalf of

(Name of the Bidder)

Designation

Place:

Date:



Annexure-4

Certificate of Statutory Auditor with regard to Eligibility of the Bidder

(On the Letterhead of the Statutory Auditor)

We have verified the relevant statutory and other records of M/s ______________

[Name of Bidder], and certify that the average annual turnover of M/s _________

(Name of the Applicant) from all businesses in the last 3 completed financial years is

Rs. _________________.

Year wise details of average annual turnover from all businesses are as under:

Name of Bidder

or member of JV Turnover

2016-17 2017-18 2018-19

Name of Bidder

or member (1) of JV

Name of Bidder

or member (2) of JV

Name of Bidder

or member (3) of JV

TOTAL

Signature and Seal of the

Statutory Auditor clearly

indicating his/her membership

number

Note: (i) Turnover as brought out in the audited annual financial results is to be

indicated in above table and certified by the statutory auditor of the

applicants.

(ii) Average annual turnover from all sectors of business for each member of JV

shall be indicated separately without consideration of ratio of participation

in the current tender.



Annexure-5

Power of Attorney of Bidder

(Duly supported by board resolution in case of companies)

Know all men by these presents, We ______________________________________ (name

and address of the registered office) do hereby constitute, appoint & authorize Mr./Ms.

__________________________________ (name and residential address) who is presently

employed with us and holding the position of _______________________ as our attorney,

to do in our name and on our behalf, all such acts, deeds and things necessary in connection

with or incidental to our Bid, including signing and submission of all documents and

providing information / responses to DMRC, representing us in all matters before DMRC,

and generally dealing with DMRC in all matters in connection with our Bid.

We hereby agree to ratify all acts, deeds and things lawfully done by our said attorney

pursuant to this Power of Attorney and that all acts, deeds and things done by our aforesaid

attorney shall and shall always be deemed to have been done by us.

For

Accepted

_______________________ (signature)

(Name, Title and Address) of the Attorney

Note:

1. The mode of execution of the Power of Attorney should be in accordance with the

procedure, if any, laid down by the applicable law and the charter documents of the 52

fulfilment(s) and when it is so required the same should be under common seal affixed

in accordance with the required procedure.

2 It should be on non-judicial stamp paper of Rs.100/- duly notarized with supported by

copy of Board of Resolution passed for this purpose only in case of company.



Annexure-6

Financial Bid

Name of the Bid: Bid for Licensing of Bare Spaces at Licensing Rights of bare spaces

at AIIMS Metro Station at Line-2, Noida Sector-52 & Noida Electronic City Metro

Stations of Line-3, Raja Nahar Singh Metro Station at Line-6, Azadpur & Shalimar

Bagh Metro Stations of Line-7 and Kalkaji Mandir, Nehru Enclave, Chirag Delhi &

Janakpuri West of Line-8 Metro Stations in 8 schedules.

Period of License: Fifteen (15) years with a Lock in period of three (3) years.

The financial bid is need to be filled in the Bill of Quantity (BOQ) format available on

https://eprocure.gov.in/eprocure/app .




Annexure-7

Consortium Agreement/Memorandum of Understanding

(On Rs. 100/- stamp paper duly notarized)

This Consortium Agreement/Memorandum of Agreement is executed at New Delhi on this

_____ day of _________, 2020.

BETWEEN

Mr. ____________________________ R/o____________________________________ OR

M/s ______________________, a Company incorporated under the Companies Act, 1956

and having its Registered Office at _______________________ acting through its

___________________ duly authorized by a resolution of the Board of Directors dated

______ (hereinafter referred to as the ‘LEAD MEMBER’ which expression unless excluded

by or repugnant to the subject or context be deemed to mean and include its successors in

interest, legal representatives, administrators, nominees and assigns) of the ONE PART;

AND

Mr. ____________________________ R/o____________________________________ OR


and having its Registered Office at __________________ and acting through its

______________, duly authorized by a resolution of the Board of Directors dated

__________ (hereinafter referred to as the (‘Participant member’) which expression unless

excluded by or repugnant to the subject or context be deemed to mean and include its

successors in interest, legal representatives, administrators, nominees and assigns) of the

OTHER/SECOND PART;

AND

Mr. ____________________________ R/o____________________________________ OR


and having its Registered Office at __________________ and acting through its

______________, duly authorized by a resolution of the Board of Directors dated

__________ (hereinafter referred to as the (‘Participant member’) which expression unless

excluded by or repugnant to the subject or context be deemed to mean and include its

successors in interest, legal representatives, administrators, nominees and assigns) of the

THIRD PART.

Whereas Delhi Metro Rail Corporation Limited (hereinafter referred to as ‘DMRC’) has

invited Bids for the “Licensing of Bare Spaces at AIIMS Metro Station at Line-2, Noida

Sector-52 & Noida Electronic City Metro Stations of Line-3, Raja Nahar Singh Metro

Station at Line-6, Azadpur & Shalimar Bagh Metro Stations of Line-7 and Kalkaji

Mandir, Nehru Enclave, Chirag Delhi & Janakpuri West of Line-8 Metro Stations in 8

schedules” in terms of the Bid documents issued for the said purpose and the eligibility



conditions required that the Bidders bidding for the same should meet the conditions

stipulated by DMRC for participating in the bid by the Consortium for which the Bid has

been floated by DMRC.

AND WHEREAS in terms of the bid documents all the parties jointly satisfy the eligibility

criteria laid down for a bidder for participating in the bid process by forming a Consortium

between them.

AND WHEREAS all the parties hereto have discussed and agreed to form a Consortium for

participating in the aforesaid bid and have decided to reduce the agreed terms to writing.

NOW THIS CONSORTIUM AGREEMENT/MEMORANDUM OF AGREEMENT

HEREBY WITNESSES:

1. That in the premises contained herein the Lead Member and the Participant

Member having decided to pool their technical know-how, working experiences

and financial resources, have formed themselves into a Consortium to participate in

the Bid process for “Licensing of Bare Spaces at AIIMS Metro Station at Line-2,

Noida Sector-52 & Noida Electronic City Metro Stations of Line-3, Raja

Nahar Singh Metro Station at Line-6, Azadpur & Shalimar Bagh Metro

Stations of Line-7 and Kalkaji Mandir, Nehru Enclave, Chirag Delhi &

Janakpuri West of Line-8 Metro Stations in 8 schedules” in terms of the Bid

invited by Delhi Metro Rail Corporation Ltd., (DMRC).

2. That all the members of the Consortium have represented and assured each other

that they shall abide by and be bound by the terms and conditions stipulated by

DMRC for awarding the Bid to the Consortium so that the Consortium may take up

the aforesaid “Bare Spaces”. “Bare Spaces” in case the Consortium turns out to be

the successful bidder in the bid being invited by DMRC for the said purpose.

3. That all the members of the Consortium have satisfied themselves that by pooling

their technical know-how and technical and financial resources, the Consortium

fulfills the pre-qualification/eligibility criteria stipulated for a bidder, to participate

in the bid for the said Bid process for “Licensing of Bare Space near

_______________ Metro Station/s”.

4. That the Consortium have agreed to nominate any one of__________, _____ and

_____ as the common representative who shall be authorized to represent the

Consortium for all intents and purposes for dealing with the Government and for

submitting the bid as well as doing all other acts and things necessary for

submission of bid documents such as Bid Application Form etc., Mandatory

Information, Financial Bid. etc. and such other documents as may be necessary for

this purpose.

5. That the share holding of the members of the Consortium for this specified purpose

shall be as follows:

(i) The Lead Member shall have _____per cent (___%) of share holding with

reference to the Consortium for this specified license agreement.

(ii) The Participant Member shall have ____ (___%) of share holding with

reference to the Consortium for this specified license agreement.



6. That in case to meet the requirements of bid documents or any other stipulations of

DMRC, it becomes necessary to execute and record any other documents amongst

the members of the Consortium, they undertake to do the needful and to participate

in the same for the purpose of the said project.

7. That it is clarified by and between the members of the Consortium that execution to

this Consortium Agreement/Memorandum of Agreement by the members of the

Consortium does not constitute any type of partnership for the purposes of

provisions of the Indian Partnership Act and that the members of the Consortium

shall otherwise be free to carry on their independent business or commercial

activities for their own respective benefits under their own respective names and

styles. This Consortium Agreement is limited in its operation to the specified

project.

8. That the Members of the Consortium undertake to specify their respective roles and

responsibilities for the purposes of implementation of this Consortium Agreement

and the said project if awarded to the Consortium in the Memorandum to meet the

requirements and stipulations of DMRC.

IN FAITH AND TESTIMONY WHEREOF THE PARTIES HERETO HAVE SIGNED

THESE PRESENTS ON THE DATE, MONTH AND YEAR FIRST ABOVE WRITTEN.

1. (__________________)

Authorized Signatory

(___________________)

For (Name of company)

2. (__________________)


(___________________)


3. (__________________)


(___________________)


Enclosure: Board resolution of each of the Consortium Members authorizing:

(i) Execution of the Consortium Agreement, and

(ii) Appointing the authorized signatory for such purpose.



Annexure-8

Affidavit

(To be given separately by each consortium member of the Bidder

on Stamp Paper of Rs. 100, duly notarized)

I, ……………………….. S/o ………………………….……….., resident of ………………

…………………………………………………………… the ……………...(insert designation) of

the ………………..(insert name of the single bidder/consortium member if a consortium), do

solemnly affirm and state as follows :

1. I say that I am the authorised signatory of …………..(insert name of company/ consortium

member) (hereinafter referred to as “Bidder/Consortium Member”) and I am duly authorised

by the Board of Directors of the Bidder/Consortium Member to swear and depose this

Affidavit on behalf of the bidder/consortium member.

2. I say that I have submitted information with respect to our eligibility for Delhi Metro Rail

Corporation’s (hereinafter referred to as “DMRC”) Tender Document for Licensing of Bare

Spaces at selected Metro Stations of Line-2, 3, 6, 7 & 8 in 8 schedules and I further state that

all the said information submitted by us is accurate, true and correct and is based on our

records available with us.

3. I say that, we hereby also authorize and request any bank, authority, person or firm to furnish

any information, which may be requested by DMRC to verify our credentials/ information

provided by us under this Bid and as may be deemed necessary by DMRC.

4. I say that if any point of time including the License period, in case DMRC requests any further/

additional information regarding our financial and/or technical capabilities, or any other

relevant information, we shall promptly and immediately make available such information

accurately and correctly to the satisfaction of DMRC.

5. I say that, we fully acknowledge and understand that furnishing of any false or misleading

information by us in our Tender Document shall entitle us to be disqualified from the

Tendering process for the said project. The costs and risks for such disqualification shall be

entirely borne by us.

6. I state that all the terms and conditions of the Tender Document have been duly complied with.

DEPONENT

VERIFICATION:-

I, the above named deponent, do verify that the contents of paragraphs 1 to 7 of this affidavit are true

and correct to my knowledge. No part of it is false and nothing material has been concealed.

Verified at ………………………, on this …………………. .day of………….……..,2020.

DEPONENT

Note:

1. In case of JV/Consortium, the undertaking shall be submitted by each member of the

JV/Consortium.

2. The undertaking shall be signed by authorized signatory of the tenderer. In case of JV/Consortium

by the authorized signatory of the constituent members and duly counter signed by the authorised

signatory of tenderer.

3. In all cases where the bidding entity fulfils the eligibility criteria by way of and on account of

submission of the financials of its holding companies and/or other group of subsidiary companies as



per clause 2.4 of RFP, the above undertaking shall be executed by such holding companies as well as

group subsidiary company.

Annexure -8A

UNDERTAKING FOR NOT BEING BANNED FROM BUSINESS

(On Non-Judicial Stamp Paper of Rs. 100/-, Duly Notarized)

(As per clause No. 2.1 (d) of Tender Document)

We do hereby undertake & confirm that DMRC/any other Metro Organisation (100% owned

by govt.)/Ministry of Housing & Urban Affairs/Order of Ministry of Commerce, applicable

for all Ministries have not banned/debarred business with us as on the date of tender

submission.

Also any work executed by us either individually or as a member in a JV/Consortium, has

not been rescinded/ terminated by DMRC after award of contract to us during last 3 years

(from the last day of the previous month of a tender submission) due to non –performance

either on our own or as a member of JV/Consortium.

In case at a later date the undertaking is found to be false or incorrect, DMRC shall have the

right to cancel the allotment/license and forfeit all payments made by the licensee including

the interest free security deposit after adjustment of all dues payable by the licensee.

STAMP & SIGNATURE OF AUTHORISED SIGNATORY

__________________________________________________________________________

__

Note:

1. In case of JV/Consortium, the undertaking shall be submitted by each member of the

JV/Consortium.

2. The undertaking shall be signed by authorized signatory of the tenderer. In case of

JV/Consortium by the authorized signatory of the constituent members & duly counter

signed by the authorised signatory of tenderer.



Annexure-9

Undertaking for Responsibility

(On Rs. 100/- stamp paper duly notarized)

___________________ as a lead member of the consortium of ____ companies - namely

___________________________________________________________ (Complete name

with address) jointly & severely undertake the responsibility in regards to the license

agreement with DMRC in respect of Licensing of Bare Spaces:-

1. That, we Solely undertake that __________________ (Name of the Company/

consortium member) shall conduct all transactions/ correspondences and any other

activity in connection with License agreement pertaining to “Licensing of Bare

Spaces at __________________ Metro Station/s” with DMRC.

2. That, all consortium members are jointly or severely responsible for all commitments

/ liabilities/ dues etc to DMRC.

3. That, we further confirm that, the stake holding of lead member-

_________________ (Name of the company/ consortium member) shall always

remain more than 51% and we, all consortium members, insure that there shall be

no change in the stake holding of all parties in the initial 3 (three) years lock in

period of license agreement.

4. We also confirm that our consortium was made on Dt.____________, for seeking

“Licensing rights for Bare Spaces ____________________________” and in support

of which a copy of our Board Resolution is attached with this Undertaking.

(Authorized / CEO of all ____ consortium members to sign on undertaking with witness

signatures)

1. ______________________

2. ______________________

3. ______________________

4. ______________________

5. ______________________

6. ______________________

Witness 1.

2.



.

Annexure-10

Undertaking For Downloaded Tender Document

We here by confirm that, we have downloaded / read the complete set of Tender documents

/addendum/clarifications along with the set of enclosures hosted on e-Tendering portal

https://eprocure.gov.in/eprocure/app. We confirm that we have gone through the bid

documents, addendums and clarifications for this work placed upto the date of opening of

bids on the e-Tendering portal [https://eprocure.gov.in/eprocure/app]. We confirm our

unconditional acceptance for the same and have considered for these in the submission of

our financial bid. We/I hereby give our acceptance to all the terms and conditions of the bid

document as well as the draft licensee agreement.

Company Name _____________________________

Name______________________________________

Signature___________________ Date: ___________

Postal Address ______________________________

E-Mail ID __________________________________

Phone ___________________ FAX ______________

Company Seal:





Annexure-11

Details of Bank Account for refund of Tender Security/EMD

(Applicable if EMD/Tender Security deposited through Demand Draft/Banker’s

Cheque/RTGS/NEFT/IMPS)

1. Name of the Firm/Bidder:

2. Complete Address:

3. Name of the Bank:

4. Branch:

5. Address of the Bank Branch:

6. Name of the Account Holder in Bank:

7. Account Type:

8. Account Number:

9. IFS Code of the Bank Branch:

10. Whether a copy of cancelled cheque of the Bidder / Firm submitted: Yes or No (Please

tick). A Copy of the cancelled cheque to be enclosed.

Signature of the authorized person of the

bidder with seal and date

Notes:-

__________________________________________________________________________

___

a) EMD/Tender Security will be refunded through NEFT/RTGS/IMPS/DD/Banker’s

cheque/ any other mode of payment, in the name of firm and bank account mentioned

in this annexure, which shall be of same firm and account through which EMD/Tender

Security has been paid to DMRC.

b) EMD/Tender Security shall be paid in compliance with RFP.



Annexure – 12

(Undertaking for Dues in other contracts)

(To be submitted by bidder (single entity/JV) and also by each member of the

JV/Consortium Separately)

{To be submitted by bidder (single entity/JV) and also by each member of JV/Consortium

separately}

1.0 We, _____________________________, hereby undertake that we have following lease /

license / concession agreement of DMRC property (ies) (as on the date of submission of this

tender).

S. No. Lease/Contract

Agreement No.

Date of

Start

Date of

Completion

Due date of

Payment of last

pending invoice

Remarks

2.0 It is certified that no dues are pending on our account for more than 90 days in any of the

above agreement(s) either as a single entity or as a member of JV/consortium or SPV of

JV/consortium/single entity.

Note: During evaluation if it is found that incorrect information has been furnished by us for any

DMRC property, we undertake that our submission will be considered ineligible and

summarily rejected.

Signature of Authorized/signatory of Bidder



Annexure – 13

(Undertaking for Contract/s with DMRC)

(To be submitted by bidder (single entity/JV) and also by each member of the

JV/Consortium Separately)

{To be submitted by bidder (single entity/JV) and also by each member of JV/Consortium

separately}

1.0 We, _____________________________, hereby undertake that we have following

lease/license/concession agreement of DMRC property (ies) (as on last date of submission

of this tender).

S.No. Lease/Contract

Agreement No.

Date

of

Start

Date of

Completion

Date of

taking

over of

leased /

licensed

space /

premises

Date of

handing

over

(vacate)

of leased

/ licensed

space /

premises

If provision

of

moratorium

period, the

date of end

of

moratorium

period

Date on

which

Escrow

account

opened

&

Account

No.

Remarks

a. It is certified that we (either as a single entity or as a member of JV/consortium of SPV of JV /

consortium / single entity) have vacated the leased / licensed space / premises within the

grace period (if provided) after completion of the tenure of the license / pre-mature

terminated / surrender.

b. It is certified that we (either as a single entity or as a member of JV/consortium of SPV of JV /

consortium / single entity) have taken over the space / premises leased / licensed to us,

within due date & time.

c. It is certified that we (either as a single entity or as a member of JV/consortium of SPV of JV /

consortium / single entity) have note encroached on the common areas / circulating areas or

any other space which is not leased / licensed to us.

d. It is certified that we (either as a single entity or as a member of JV/consortium of SPV of JV /

consortium / single entity), having lease / license agreement(s) of DMRC in which there is a

provision of opening of Escrow account, have opened the Escrow account / will open escrow

account before the end of moratorium period and ensuring that sub lessee make all the

payments whatsoever through escrow account and remitting all DMRC dues through said

Escrow account.

Note: During evaluation if it is found that incorrect information has been furnished by us for any

DMRC property, we undertake that our submission will be considered ineligible and

summarily rejected.

Strike over which is not applicable.



Signature of Authorized/signatory of Bidder

Annexure-14

LIST OF USAGES BANNED/ NEGATIVE LIST

1. Any product / Service, the sale of which is unlawful /illegal or deemed unlawful under

any Indian act or legislation.

2. Any product the storage and sale of which may lead to or be considered as a fire

hazard; such as fire crackers, industrial explosives, chemicals etc.

3. Shops/Outlets Exclusively selling liquor, alchohol based beverages/drinks are not

permitted.

4. Sale of tobacco and tobacco products.

5. ATMs

6. Coal based cooking strictly prohibited. However, provision of Gas Bank/ PNG is

subject to availability and technical feasibility.

7. Advertisement at any location and in any format.

8. Banqueting and similar activities.



Annexure-15

CHAPTER: 1

DRAFT LICENSE AGREEMENT

Agreement No __________________ of Year 2020

THIS AGREEMENT is executed on this _____ day of ___________ 2020 at New Delhi

BY AND BETWEEN

The Delhi Metro Rail Corporation Ltd. incorporated under the Companies Act-1956 having

its registered office at Metro Bhawan, Fire Brigade Lane, Barakhamba Road, New Delhi-

110001, India, hereinafter referred to as the “Licensor” or “DMRC” (which expression shall

unless repugnant to the context mean and include it’s successors and assigns) of the First

Party

AND

M/s________________________________, having their registered/ corporate office

at_________________________________________________________________________

_, hereinafter called “Licensee” through their duly authorized

signatory______________(which expression shall unless repugnant to the context or

meaning thereof include the successors and assigns) of the Second party.

WHEREAS

a) DMRC, with a view to augment its revenues through non-operating measures, had

invited open bids from the interested parties for licensing of the Bare Spaces at AIIMS

Metro Station at Line-2, Noida Sector-52 & Noida Electronic City Metro Stations

of Line-3, Raja Nahar Singh Metro Station at Line-6, Azadpur & Shalimar Bagh

Metro Stations of Line-7 and Kalkaji Mandir, Nehru Enclave, Chirag Delhi &

Janakpuri West of Line-8 Metro Stations in 8 schedules, as detailed in Annexure –

1. After consideration of the offers received, DMRC has selected the successful bidder,

M/s _____________________as the “Licensee” for assigning of Licensing rights of

the Bare Spaces as given in Annexure-I at concourse level at

_________________Metro Station/s for commercial utilization hereinafter called as

the “Licensed Space”, on “as is where basis is”.



b) DMRC has agreed to provide to the Licensee, the Licensing Rights of Licensed Spaces

at AIIMS Metro Station at Line-2, Noida Sector-52 & Noida Electronic City

Metro Stations of Line-3, Raja Nahar Singh Metro Station at Line-6, Azadpur &

Shalimar Bagh Metro Stations of Line-7 and Kalkaji Mandir, Nehru Enclave,

Chirag Delhi & Janakpuri West of Line-8 Metro Stations in 8 schedules, (pre

identified by DMRC) on “as is where is basis”, on payment of License Fee and other

charges to DMRC on the terms and conditions hereunder contained in this License

Agreement.

c) Licensee shall use, develop, manage, operate, maintain, and sub-license & vacate the

Licensed Space (through proper sub-license Agreement) licensed to them at selected

metro stations of Line-3,7 & 8, as specified in this Agreement at its own cost.

NOW THEREFORE, in lieu of the mutual promise and consideration set out herein DMRC

and the Licensee (hereinafter collectively called “Parties”) witnessed and hereby agrees as

follows:

A. That the several documents forming part of this Agreement are to be read as mutually

supplementary and explanatory to one another and, unless otherwise expressly

provided elsewhere in this Agreement, in the event of any conflict, discrepancy or

ambiguity between them, the priority of documents shall be in the following order :

i) This License Agreement

ii. Letter of Acceptance No.______________ dated ___________.

iii. The written clarifications and addenda issued to the Bidders

iv. Tender Document/RFP including draft license agreement.

v. Any other document of DMRC and Licensee forming part of the Bidding

Process.

B. The Licensee hereby covenants as follows:

i) Licensee hereby assumes responsibility for the licensed Bare Spaces at AIIMS

Metro Station at Line-2, Noida Sector-52 & Noida Electronic City Metro

Stations of Line-3, Raja Nahar Singh Metro Station at Line-6, Azadpur &

Shalimar Bagh Metro Stations of Line-7 and Kalkaji Mandir, Nehru

Enclave, Chirag Delhi & Janakpuri West of Line-8 Metro Stations in 8

schedules. Licensee shall be responsible to develop, manage, operate, maintain,

use, sub-license & vacate (through proper sub-license Agreement) the Licensed

Space as specified in this Agreement at its own cost.

ii) Licensee irrevocably agrees to make all payments including License Fee as per

this Agreement as and when due, without delay or demur, without waiting for

any formal advice from DMRC in this regard.

iii) The Licensee confirms having examined the potential locations of licensed bare

space in detail and fully understands and comprehends the technical

requirements for development of the bare spaces. The Licensee also confirms full



satisfaction as to the business viability of licensing the Licensed Space and

hereby voluntarily and unequivocally agrees not to seek any claim, damages,

compensation or any other consideration, whatsoever on this account. The

Licensee also confirms having made independent assessment of present and

future market potential and no future claim what so ever regarding change in

market circumstances shall be used by it as an alibi or excuse for non-payment of

License Fee and other amounts due to DMRC under this License Agreement.

C. That DMRC and LICENSEE represent and warrant that they are empowered,

authorized and able to make this agreement.

In Witness whereof the parties hereto have caused this agreement to be signed in their

respective hands as of the day and year first before written.

…..…..-2020

(……………….......................…….)

FOR AND ON BEHALF OF

DELHI METRO RAIL

CORPORATION LIMITED

…..….- 2020

(……………….......................…….)


FOR AND ON BEHALF OF

LICENSEE

In Witness whereof the LICENSEE and the DMRC have set their hands hereunto on the day,

month and year first written above in the presence of the following witnesses:

-------------------------- ---------------------

DMRC LICENSEE



CHAPTER: 2

DEFINITIONS

a. “Agreement” means the License Agreement to be executed between DMRC and the

selected bidder in the format approved by DMRC and includes any amendments,

annexure hereto made in accordance with the provisions hereof.

b. “Applicable Laws” means all laws, brought into force and effect by Govt. of India,

State Governments, local bodies and statutory agencies and rules/ regulations/

notifications issued by them from time to time. It also include judgments, decrees,

injunctions, writs and orders of any court or judicial authority as may be in force and

effected from time to time.

c. “Applicable Permits” means all clearances, permits, authorizations, consents and

approvals required to be obtained or maintained under Applicable Law, in connection

with the “Bare Spaces” during the subsistence of this Agreement.

d. “Bidder” means any entity which is a sole proprietorship firm, a partnership firm or a

company having registered office in India, or a combination of above in the form of Joint

Venture (JV) or consortium etc.

e. “As is where is basis” means DMRC shall provide licensed bare spaces as per

annexure -1 of this tender document on “as is where is basis”. Successful bidder shall not

make any additions or alterations in the licensed space, installations / utilities including

electric installations, wiring and water, sanitary pipeline (if any) without the prior

permission of DMRC in writing and when permitted by the DMRC the said additions

and alterations shall be carried out by the successful bidder at their own cost. They shall

not be entitled to any compensation for any additions carried out by them in the licensed

Bare Spaces rather successful bidder shall be required to hand over the licensed Bare

spaces in original condition at the end of license period.

f. “Bid” means the documents in their entirety comprised in the bid, including all

clarifications, addenda and revisions issued by DMRC to the bidders, the Proposal

submitted by the successful bidder in response to the Bid Notice in accordance with the

provisions thereof.



g. “Bidder” is the Bidder who is fulfilling the criteria laid down in Tender Document for

submission of bid as per RFP.

h. “Bid Security” means the refundable amount of EMD to be submitted by a bidder

along with tender document to DMRC.

i. “Bare Spaces” means Bare spaces namely the specified area at AIIMS Metro Station

at Line-2, Noida Sector-52 & Noida Electronic City Metro Stations of Line-3, Raja

Nahar Singh Metro Station at Line-6, Azadpur & Shalimar Bagh Metro Stations of

Line-7 and Kalkaji Mandir, Nehru Enclave, Chirag Delhi & Janakpuri West of

Line-8 Metro Stations in 8 schedules, for commercial development on license basis to

be allotted by DMRC to the licensee under and in accordance with this License

Agreement.

j. “Commencement Date or Handover Date” means the date on which vacant bare

spaces are handed over by DMRC to the licensee, in accordance with the terms of this

agreement.

k. “License” means the licensing rights granted by DMRC to the selected bidder for

commercial activity as permitted in the tender document/ license agreement (except

banned list of usage of premises) inside Bare spaces at AIIMS Metro Station at Line-2,

Noida Sector-52 & Noida Electronic City Metro Stations of Line-3, Raja Nahar

Singh Metro Station at Line-6, Azadpur & Shalimar Bagh Metro Stations of Line-7

and Kalkaji Mandir, Nehru Enclave, Chirag Delhi & Janakpuri West of Line-8

Metro Stations in 8 schedules, based on the terms and conditions of the License

Agreement.

l. “Licensee” means the selected bidder, who has executed the license agreement with

DMRC pursuant to bidding process for carrying out commercial activities as permitted in

the tender document/ license agreement (except banned list of usage of premises) inside

Bare spaces at at AIIMS Metro Station at Line-2, Noida Sector-52 & Noida

Electronic City Metro Stations of Line-3, Raja Nahar Singh Metro Station at Line-

6, Azadpur & Shalimar Bagh Metro Stations of Line-7 and Kalkaji Mandir, Nehru

Enclave, Chirag Delhi & Janakpuri West of Line-8 Metro Stations in 8 schedules.

m. “License Fee” means the amount payable by the licensee to DMRC as per rates

offered by the selected bidder for its commercial utilization and accepted by DMRC for

Bare spaces to be paid by the Licensee along with other DMRC charges and any kind of

Central or State Taxes, GST, local levies, statutory dues, etc that may be payable by the

licensee as per prevalent law.

n. “Sub Licensee” means all person/ agency with whom Licensee has executed sub

license agreement as per terms and conditions of this license agreement executed

between DMRC and the Licensee, for commercial utilization of the Bare spaces.



o. “DMRC” means Delhi Metro Rail Corporation Limited, A joint venture of Govt. of

India and Govt. of National Capital Territory of Delhi incorporated under the Companies

Act, 1956.

p. “Interest Free Security Deposit/ Performance Guarantee” means interest free

amount to be deposited by the Licensee with DMRC as per terms and conditions of

License Agreement as a security against the performance of the License Agreement.

q. “License Period” means the period beginning from the Commencement Date and

ending on the Termination Date by efflux of time or sooner determination in accordance

with the date of this Agreement.

r. “Selected Bidder” means the bidder who has been selected by DMRC, pursuant to the

bidding process for award of license.

s. “Damages” shall mean any claim of DMRC against the Licensee for breach of this

Agreement, including but not limited to, losses, dues, arrears etc. against which DMRC

shall be entitled to claim and adjust the Security Deposit/ Performance Guarantee.

t. “Permits” shall mean and include all applicable statutory, environmental or regulatory

licenses, authorization, permits, consents, approvals, registrations and franchises from

concerned authorities.

u. "Tax" means and includes all taxes, fees, cesses, levies that may be payable by the

Licensee under the Applicable Law to the Government or any of its agencies.

v. “Termination” means termination of this Agreement by efflux of time or sooner

determination in accordance with the provisions of this License Agreement.

w. “Termination Date” means the end of the License period or date of sooner

determination of the License period in accordance with the terms of this Agreement


x. "Change in Law” means the occurrence or coming into force of any of the

following after the date of signing this Agreement:

a) The enactment of any new Indian law

b) The repeal, modification or re-enactment of any existing Indian law

c) Any change in the rate of any Tax

Provided that Change in Law shall not include:

i. Coming into effect after the date of signing this Agreement of any provision of a

statute which is already in place as or the date of signing this Agreement (or)

ii. Any new law or any change in existing law under the active consideration of or in the

contemplation of any Government as of the date of signing this Agreement, which

is a matter of public knowledge.



CHAPTER: 3

DISCLAIMER

3.1 The Licensee acknowledges that prior to execution of this Agreement, it has

extensively studied and analysed and satisfied itself about all the requirement of this

License Agreement including but not limited to market and market conditions.

3.2 The Licensee acknowledges that prior to execution of this Agreement, they have

carefully assessed of intended earnings from said business and that they will be

fully responsible for all its assessment in this regard.

3.3 The Licensee confirms having seen / visited / assessed the intent of this License

Agreement and fully understands and comprehends the technical, financial,

commercial and investment requirements.

3.4 The Licensee also confirms that it has fully analyzed to its fullest satisfaction,

business viability of the Licensee and hereby voluntarily and unequivocally agrees

not to seek any claim, damages, compensation or any other consideration, whatsoever

on this account.

3.5 Bidder shall undertake that they have not been banned from Business, as on date of

Tender submission as per following:

a. DMRC/ any other metro organisations (100% owned by govt.)/Ministry of


Ministries must not have banned/debarred business with the tenderer/bidder


submission. The tenderer should submit undertaking to this effect in Annexure


b. Also no contract of the tendered executed in either individually or in a

JV/Consortium, should have been rescinded/ terminated by DMRC after award

during last 03 years (from the last day of the previous month of a tender



submission) due to non–performance of the tenderer or any of JV/Consortium

members. The tenderer should submit undertaking to this effect in Annexure 8A

of Tender Document.

c. In case at a subsequent date the successful bidder/licensee is found to have been

banned for business as given above, DMRC shall be at liberty to and have full

rights to cancel the allotment of built-up/bare space and forfeit the Interest Free

Security Deposit after adjusting any dues payable by the successful

bidder/licensee.



CHAPTER: 4

SCOPE OF LICENSE AGREEMENT

4.1 Scope of the work:

Licensee shall have the rights to utilize the said Bare spaces as detailed in Annexure –I

of this License Agreement & also in clause 1.3 of chapter 1 of RFP for commercial

purpose except for banned usages/ negative list as detailed in Annexure –II of the draft

subject to the terms and conditions and as detailed in this License Agreement and

specified by DMRC Ltd. Licensee shall be responsible for the following activities:

a.) The offered Bare spaces as detailed in Annexure -I of this License Agreement will

be provided on “as is where is basis”. It is Licensee’s responsibility to develop the

entire licensed bare spaces at their own cost as per DMRC specifications,

operational and other feasible and after obtaining prior approval from DMRC.

Licensee shall be permitted to develop the offered bare spaces /area licensed

by creating only temporary structures as per DMRC specifications.

Due to any reason, if whole or any part of the structure is required to be

dismantled removed at any point of time, Licensee shall do it peacefully and

without any delay or demur. No claim for compensation/ costs/ damages etc.

would be entertained on this account.

b.) Licensee shall be required to execute all work at their own cost as required for

commercial development of the licensed area where only temporary structure shall

be constructed/ developed.

c) The Licensee shall be required to adhere to the building design, but there are no

limitations on planning and subdivision of the interior floor space. However,

within these parameters, maintaining the structural safety and integrity shall be the

sole responsibility of the Licensee. Licensee shall also ensure that the proposed

commercial development within tendered area is neither an impediment for

smooth flow of traffic nor a safety hazard for DMRC civil structure or for

commuters and public at large. Licensee shall also ensure that all existing utilities

and facilities (if any) falling within the said tendered space will be kept accessible

and Licensee shall not interfere or tamper with those installations at any time.

d) Notwithstanding anything mentioned above, Licensee is required to adhere to the

provisions of the prevailing master plan and the building bye-laws of the

authorities having jurisdiction over the licensed space for the development works

to be undertaken.

e) Licensee shall obtain all clearances, licenses and sanctions as required from the

competent authorities for building sub-plans, utilities, fire fighting, etc. It is to be

clearly understood that all such clearances are to be obtained by the Licensee and

the DMRC may only provide assistance wherever possible without any obligation.

f) Procuring all the permissions/ licenses etc. required from the statutory/ regulatory/

civic authorities concerned, to be able to use the tendered space for desired

commercial purposes/ business, will be sole responsibility of the successful

bidder/licensee. DMRC shall not be responsible for any such procurement and

shall not entertain any claims in this regard.



g) Fire fighting and other infrastructure so created within the licensed space must be

integrated with that already provided /planned for the metro station of DMRC.

h) Licensee shall at all times adhere to all provisions of the Delhi Metro Railway

(Operation And Maintenance) Act, 2002 and amendments thereto and shall also

comply with all notices and circulars issued by DMRC in this regard.

i) Operate, manage and maintain the entire offered space with adequate trained and

experienced team for responsibilities as defined in this License Agreement.

j) The successful bidder(s) may use or allow the use of the scheduled

tendered/licensed space for any activities except for activities mentioned in list of

banned usages placed at Annexure-II of tender document.

k.) Marketing / Promoting / Sub- licensing of the offered spaces as specified in this

License Agreement. Except for sub- licensing the use of the licensed space as per

the terms of this license agreement, Licensee shall not assign any of their rights, or

interest in respective license agreement in favour of any company/person(s) at any

time and for any reasons whatsoever.

l.) Under no circumstances, shall the licensed bare space or facilities constructed or

installed therein in the form of temporary structure at the licensed space be

mortgaged, charged or otherwise/ be put under any lien (including negative lien),

and no charge or encumbrance will be created or agreed to be created in favour of

any person, including the Lenders/ Financial Institution (s)/ Banks etc.

m.) Successful bidder ensures that no use of polythene baggage/ bags at the tendered

area/ licensed area.

n.) Comply with all statutory requirements in connection with this license agreement.

o.) Licensee shall be responsible for obtaining fire NOC for their licensed area from

Delhi Fire Services.

p.) The licensee shall make provision for TOD energy meter as per latest DERC

guidelines.

q.) Ensure regular and timely payments of all amounts due to DMRC and discharge

all obligations as per provisions of this license agreement.

r.) Payment of all statutory taxes, goods & service tax, local levies, statutory dues,

etc. as and when due and as applicable.



CHAPTER -5

GRANT OF LICENSE AND HANDING OVER OF SPACE

5.1 The Bare spaces Licensing Rights of bare spaces at AIIMS Metro Station at Line-

2, Noida Sector-52 & Noida Electronic City Metro Stations of Line-3, Raja Nahar

Singh Metro Station at Line-6, Azadpur & Shalimar Bagh Metro Stations of Line-

7 and Kalkaji Mandir, Nehru Enclave, Chirag Delhi & Janakpuri West of Line-8

Metro Stations in 8 schedules have been offered for licensing for commercial

utilization as detailed in Annexure-I.

5.2 The vacant Bare spaces, as mentioned in Annexure-I, has been/ shall be handed over

for commercial activities within 7 (seven) days from the date of Signing of License

Agreement.

5.3 Area of Bare spaces specified in Annexure-I are approximate. Actual area handed over

subsequent to issue of Letter of Acceptance and execution of license agreement shall

be final. If the handed over area varies from the area specified in Annexure-I, the

License Fees & other charges/GST shall be chargeable on actual super area handed

over. If the handed over area further varies on account of subsequent additions &

alterations, the actual area shall be also got revised from the affected date.

5.4 Licensee shall not claim any compensation on account of any variation in handing over

of the offered / tendered space from that of the mentioned in the Annexure-I.

5.5 Consequent to any alteration / renovation of the licensed premise (s), for which prior

written approval from DMRC has been taken by the licensee, if resulting in any

increase / decrease in the handed over area, the variation shall not be considered for

any change in the license fee or other payment terms. However, at the time of

termination or natural completion of contract, DMRC reserves the right to ask the

licensee to restore the licensed premises as per original allotment.

5.6 If Licensee applies for additional ‘adjacent / same area’ (even if for utility) up to 10%

variation in Tendered area within fitment period, the same shall be provided on pro-rata

basis on the prevailing rate of license fee, if found feasible, on sole discretion of

DMRC. For area beyond this time frame and/or 10% variation range of Tendered area,

the same shall be provided on negotiated / market rate, if found feasible, only on sole

discretion of DMRC. DMRC is free to market, area beyond this time frame and/or 10%

variation on open/limited/single Tender basis. Any additional area taken within the

fitment period shall have a fitment period co-terminus with the fitment period of the

original area handed over.

5.7 License fees shall commence immediately after the expiry of the fitment period. Any

area/space handed over after the fitment period will not have any fitment period and

license fee shall commence from the date of handover of the said space/area.



5.8 Construction of mezzanine floor by the licensee shall be permitted adhering to

prescribed norms, after due approval from DMRC. Prospective bidders to quote their

bid(s) keeping in view the availability of additional floor area in form of mezzanine

floor, subject to feasibility / norms & DMRC approval. No additional licensee fee shall

be charged for creation of this additional floor in form of mezzanine level. However,

for areas/ space with lower height, intermediate slabs may be permitted with approval

of DMRC for storage of utilities. The same shall not be charged. However, at the time

of termination or natural completion of contract, DMRC reserves the right to ask the

licensee to restore the licensed premises as per original allotment. In case of

construction of mezzanine floor, the applicable property tax/service charge will also be

charged & recovered for the mezzanine floor, if any, from the licensee.

5.9 If licensee installs an awning with a fixed / stretchable length of 3 feet to shield the

premises / commuters from sunlight/ rain/ adverse weather conditions, the same shall

not be charged provided licensed space is having opening outside station building.

5.10 At the time of termination/natural completion of license, DMRC reserves the right to

ask the successful bidder/licensee to restore the said tendered/ licensed space as per

original allotment.



CHAPTER -6

TENURE OF LICENSE AGREEMENT

6.1 Tenure of License Agreement shall be for a period of Fifteen (15) years, unless

otherwise terminated by DMRC or surrendered by Licensee, in term of provisions of

this agreement. The tenure of License Agreement shall commence from the date of

handing over of the licensed space. Tenure of the License Period of any space handed

over subsequently shall be co-terminus with above period irrespective of date of actual

handing over.

6.2 For carrying out the fit-outs, finishing works etc., licensee would be permitted a rent

free period of 180 days from the date of handing over of the licensed space. Licensee

shall have to complete in all respects the development of the licensed space, within a

period of 180 days from the date of ‘handing over’ of the bare space/area by DMRC

under the License Agreement. For any delay in completion of work, DMRC shall not

be responsible. In any case, the License Fee shall become chargeable immediately after

the specified fitment period of 180 days i.e. w. e. f. 181st day of handover.

6.3 There shall be a lock-in period of 3 (three) years from the date of start of license period. If the

Licensee is desirous of surrendering and exiting from the license hereby created before

expiry of the lock-in period of three (3) years, the License Agreement shall deemed to

be terminated on the date mentioned in termination/ surrender notice, subject to

confirmation by DMRC. In such a case, the balance Interest Free Security Deposit shall

be forfeited in favour of DMRC after adjustment of outstanding dues, if any, payable to

DMRC. No grace period shall be provided to Licensee in such a case. DMRC may also

recover the balance outstanding dues, if are more than Interest Free Security Deposit,

from the other contracts of Licensee in DMRC. Balance outstanding dues, if are more

than Interest Free Security Deposit, shall also be recoverable from the Licensee before

Licensee is permitted to remove their establishment(s) or else DMRC will seize their

property at nil/ zero value. DMRC shall be free to dispose-off the said property / goods

in whatsoever manner as it deems fit. Licensee shall have no claim for compensation or

consideration / damages on this account.

6.4 There shall be a lock in period of three (3) years from the date of commencement of

license agreement/period. The Licensee shall have option to exit from the License

Agreement immediately after completion of the lock in period. For it, the Licensee shall

have to issue 180 days prior written notice to DMRC. Such prior notice intimation can

be given after two and half (2 ½) years however option to exit will be available only

after three (3) years. In this case, Balance Security Deposit of the Licensee shall be

refunded after adjusting the dues, if any, to be payable by Licensee. DMRC may also

recover the balance outstanding dues, if are more than Interest Free Security Deposit,

from the other contracts of Licensee in DMRC. Balance outstanding dues, if are more



than Interest Free Security Deposit, shall also be recoverable from the Licensee before

Licensee is permitted to remove their establishment(s) or else DMRC will seize their

property at nil / zero value. DMRC shall be free to dispose-off the said property / goods

in whatsoever manner as it deems fit. Licensee shall have no claim for compensation or


6.5 There shall be a lock-in period of 3 (three) years from the date of start of license period. If the

Licensee is desirous of terminating the license after expiry of above said lock-in period

without serving any prior intimation period or shorter intimation period than 180 days,

the agreement shall deemed to be terminated on completion of such short / irregular

intimation period. In such cases, the Interest Free Security Deposit shall be refunded to

the Licensee after adjustment of license fee for period shorter than 180 days (notice

period) and outstanding dues, if any. DMRC may also recover the balance outstanding

dues, if are more than Interest Free Security Deposit, from the other contracts of

Licensee in DMRC. Balance outstanding dues, if are more than Interest Free Security

Deposit, shall also be recoverable from the licensee before Licensee is permitted to

remove their establishment(s) or else DMRC will seize their property at nil/ zero value.

DMRC shall be free to dispose-off the said property / goods in whatsoever manner as it

deems fit. Licensee shall have no claim for compensation or consideration / damages

on this account.

6.6 Partial surrender of the Licensed Space/area which has been handed over to the

Licensee by DMRC shall NOT be permissible to the Licensee during the currency of

License Agreement.

6.7 At the end of License period or determination of this agreement prior to tenure of

license period, for any reason whatsoever, all rights given under this License

Agreement shall cease to have effect and the premises shall revert to DMRC, without

any obligation to DMRC to pay or adjust any consideration or other payment to the

Licensee.

6.8 On completion/ termination of License Agreement, the Licensee shall hand over the

licensed space with normal wear & tear to DMRC. The Licensee shall be allowed to

remove their assets like temporary structure, furniture, almirahs, air-conditioners, DG

sets, equipments, etc. without causing damage to the existing structure. However, the

Licensee shall not be allowed to remove any facility, equipment, fixture, etc. which has

become an integral part of the development plan of the space.

6.9 Extension of License:

The License Tenure of this license agreement shall be fifteen (15) years with a lock-in

period of three (3) years from date of handing over of offered space. Tenure of the

license agreement shall not be extended.



CHAPTER -7

CHARGING OF LICENSE FEE, INTEREST FREE SECURITY DEPOSIT AND

OTHER APPLICABLE DUES

7.1 License Fee:

a.) The license fee (L/F) (exclusive of all taxes) for the licensed bare space/area

shall be paid by Licensee to DMRC Ltd. @ Rs._______ /- per sqm/month.

The said license fee shall be paid in advance on quarterly basis for actual

super area licensed and handed over.

b.) The applicable GST & other state/central taxes, if any, shall also be payable

extra as applicable from time to time along with the license fees. The present

rate of GST is 18%. Any further revision in rates of GST will also be

applicable.

c.) The charging of license fee shall commence after 180 days fitment period

from date of handing over of licensed space or date of deemed handover


d.) The aforementioned license fee shall be increased / escalated by 20% on

compounding basis after completion of every three (3) years of license

period

e.) The license fee shall be paid to DMRC on quarterly basis in advance by the

last working day of the previous running quarter. This has also been

illustrated below for better understanding of licensee –

The Billing quarterly - 1st Jan – 31st March

Period for the issue of invoice - 1st December - 15

th

December

Last Date of payment of Dues to DMRC- 31st December

Along with License Fee and Goods & Service Tax (GST) thereto, the licensee

shall also pay other dues such as electricity charges, water charges, etc. as

applicable. The license fee shall be paid online.

f.) The licensee shall preferably pay the advance quarterly license fee to DMRC

Ltd. by E-mode i.e. RTGS/ NEFT for credit of the designated account of

DMRC after obtaining prior approval and complying with the laid down

procedures of DMRC as per Annexure –III , III (1) & III (2) of this license

agreement.

g.) The account shall be regularly reconciled by DMRC on annual basis.

h.) The Licensee agrees voluntarily and unequivocally to make all payments to

DMRC as may be due before the due date, without waiting for any formal

advice from DMRC. In the events of non-receipt of any invoice, the Licensee

agrees to collect the same from the office of authorized representative of the

Licensor.

i.) Licensee shall periodically advise the details of payment deposited with

DMRC. In the case of non-submission of such details, initially Third Party



dues i.e. statutory dues/ liabilities shall be settled (mandatory liabilities of

DMRC), then others dues/ liabilities like electricity, etc. and lastly License

fee shall be accounted for.

j.) If the Licensee fails to pay or partly pay the license fee and other dues

required to be paid as per terms and condition of License Agreement by the

due date, a 15 (fifteen) days Cure Notice shall be issued to pay the

outstanding license fee and other dues along with an interest of 18%

(Eighteen percent) per annum on the amount of License Fee and other dues

outstanding after the due date and falling in arrears. Interest shall continue to

be accrued on monthly compounding basis until all the payable amount of

License Fee and other dues are finally paid & squared up. Such interest shall

be charged on outstanding dues for the actual number of day(s) of delay in

payment.

1.) If the Licensee fails to pay & deposit the outstanding License Fee and

other dues within 15 (fifteen) days’ Cure Notice, DMRC shall issue a

30 days Termination Notice to make payment of outstanding License

Fee and other dues within next 30 (thirty) days.

2.) In the event of Licensee failing to deposit the outstanding License Fee

and other dues within fifteen (15) days from the date of issue of 30

(thirty) days Termination Notice, on 16th

day of issuance of aforesaid

termination letter, DMRC shall disconnect all utilities provided to the

Licensee.

3.) In the event of Licensee failing to deposit the dues within thirty (30)

days from the date of issue of Termination Notice, it shall constitute

Material Breach of Contract and Licensee’s Event of Default under

this Agreement and shall entitle DMRC to terminate the License

Agreement as per provisions stipulated in Chapter-12 of the License

Agreement & forfeit the IFSD, after adjustment of any dues payable to

DMRC and also forfeit the advance license fees paid.

4.) In no case, payments shall be allowed to remain outstanding for a

period of more than 60 days. If at any stage, the dues remain

outstanding for a period of more than 60 days, the license agreement

may stand terminated without giving any notice to the licensee &

Interest Free Security Deposit (IFSD) shall stand forfeited as per the

provision of the license agreement.

7.2 Interest Free Security Deposit (IFSD):

a.) Licensee shall pay Interest Free Security Deposit to DMRC, equal to 12

(twelve) months license fee payable in advance.

b.) The Interest Free Security Deposit shall be increased / escalated by 20%

on compounding basis after completion of every three (3) year of the

license period.



c.) The Interest Free Security Deposit up to Rs.10 Lakh shall be accepted only in

the form of Bank Draft/ Pay Order in favour of DMRC Ltd. payable at New

Delhi. However, if the amount of Interest Free Security Deposit exceeds Rs.

10 Lakh, initial Rs. 10 Lakh shall be paid in form of Bank Draft / Pay Order

and for the remaining amount of IFSD exceeding Rs. 10 Lakh; minimum 50%

amount shall be paid in form of Bank Draft/ Pay Order (up to a maximum of

Rs. 50 Lakh) & balance or 50% shall be paid in the form of Bank Guarantee

(BG) / Bank Draft/PO in favour of DMRC Ltd. and payable at Delhi.

d.) The Bank Draft/ Pay Order issued for payment of Interest Free Security

Deposit shall be in favour of DMRC Ltd. payable at New Delhi & issued by a

Scheduled Commercial Bank based in India,

e.) Irrevocable Bank Guarantee issued for Interest Free Security Deposit shall be

in the prescribed format of DMRC as per Annexure-8 of DLA issued by the

State Bank of India or any other Nationalized Bank or other Scheduled

Commercial Banks, acceptable to DMRC, from/payable at its Branches

located in Delhi/ NCR. The Bank Guarantee shall be valid for at least three

years from the days of issue. The Bank Guarantee shall be renewed &

extended on rolling basis for a period of 3 years or more well before expiry of

earlier Bank Guarantee, failing which the previous Bank Guarantee shall be

invoked & encashed by DMRC without any prior intimation to the licensee.

For last year of license period, the Licensee shall submit the Bank Guarantee

valid for remaining license period plus six months and shall renew it, if

required, till the final settlement of all accounts failing which the Bank

Guarantee of the Successful bidder shall be invoked & encashed by DMRC

without any prior notice to the Licensee.

f.) In case of a JV/ Consortium, the Interest Free Security Deposit/ performance

security is to be submitted in the name of its JV/ Consortium. However,

splitting of the Interest Free Security Deposit/ performance security (while

ensuring the Interest Free Security Deposit/ performance security is in the

name of JV/ Consortium) and its submission by different members of the JV/

Consortium for an amount proportionate to percentage stake or otherwise is

also acceptable.

g.) The Bank Guarantee issuing bank as defined in Clause No. 7.2 (f) above must

be on the Structured Financial Messaging System (SFMS) platform. A

separate advice of the Bank Guarantee will invariably be sent by BG issuing

bank to the DMRC’s designated bank through SFMS and only after this, the

Bank Guarantee will become operative and acceptable to DMRC.

Accordingly, it is licensee’s responsibility to advise DMRC’s bank particulars

in this regard as detailed below to Bank Guarantee issuing bank and ensure

the forwarding of the advise of said Bank Guarantee through SFMS to

DMRC’s designated bank; which is given below.

ICICI Bank Limited



9A, Phelps Building,

Connaught Place, New Delhi – 110001.

IFSC Code: ICIC0000007

h.) Interest Free Security Deposit will remain unchanged for a variation of (+/-)

10% from tendered area, as there’s possibility of minor variation in area

during handing over for any variation/allotment of additional space/area

beyond (+) 10% of the initial tendered area, the IFSD shall be

updated/increased as per the increased allotted area

i.) In case of successful completion of the full term of the License period i.e.

Fifteen (15) years from commencement date of License Agreement, Interest

Free Security Deposit shall be refunded without accruing any interest on it

and after adjusting the outstanding dues subjected to fulfillment of all

handover requirements by the Licensee up to the satisfaction of DMRC.

j.) DMRC shall reserve the right for deduction of DMRC dues from Licensee’s

Interest Free Security Deposit/ Performance Security at any stage of

agreement i.e. currency/ completion/ termination/ surrender, against:

1.) Any amount imposed as a penalty and adjustment for all

loses/damages suffered by DMRC for any nonconformity with the

Agreement terms & condition by the Licensee.

2.) Any amount which DMRC becomes liable to the Government/Third

party due to any default of the Licensee or any of his servant/ agent.

3.) Any payment/ fine made under the order/judgment of any

court/consumer forum or law enforcing agency or any person working

on his behalf.

4.) Any other outstanding DMRC’s dues/ claims, which remain

outstanding after completing the relevant course of action as per this

License Agreement.

k.) Once an amount is debited from the Interest Free Security Deposit, the

Licensee shall replenish the Interest Free Security Deposit to the extent the

amount is debited, within fifteen (15) days period failing which it shall be

treated as a Licensee’s event of default and DMRC shall be free to terminate

the license agreement as per provisions of this agreement.

(l) In case of subsequent handing over of additional area to the licensee, interest

free security deposit/performance security shall be updated if the variation

due to additional area is more than (+) 10% of the main tendered area and it

shall be deposited within fifteen (15) days of issue of Letter of Acceptance

and before handing over of the additional area.

Escalation of 20% of license fee and other maintenance charges and

IFSD/Performance Security of additional area allotted shall be as per the

license agreement for the allotted built up commercial space.



7.3 Taxes and Other Statutory Dues:

All other statutory taxes, statutory dues, local levies, GST, third party dues (i.e.

electricity, water consumption charges etc.) as applicable shall be charged extra and

shall have to be remitted along with the license fees for onward remittance to the

Government. The successful bidder shall indemnify DMRC from any claims that

may arise from the statutory authorities in connection with this tender document /

license agreement.

7.4 Property Tax and Registration of License Agreement:

a.) The property tax/service charge applicable on the licensed premises, if any,

shall be paid by DMRC as per applicable rates of concerned municipal

corporations in advance at the start of the financial year applicable/ under

consideration. Subsequently, the aforementioned property tax/service charge

will be charged & recovered from the licensee at the start of every financial

year (i.e. DMRC shall raise the demand by 15th April) and licensee shall pay/

submit to DMRC the property tax/service charge demand latest by the last

day of first month of every financial year i.e. latest by 30th April of that year.

This has been illustrated below for better understanding:

Date of raising demand of property tax/service charge for the applicable

financial year under consideration: By 15th

April of the

said year.

Last date of payment of dues against Property tax/service charge to DMRC

for financial year under consideration: By 30th

April of the said

year.

However, if for any reason DMRC does not raise the demand against property

tax/service charge for the financial year applicable/ under consideration as per

aforementioned schedule, licensee shall be liable to pay the demand against

said property tax/service charge within 15 days from the date of raising of

such demand by DMRC.

The non-payment of aforementioned dues against property tax/service charge

within stipulated time frame shall be constituted as Material Breach of

Contract of License Agreement and DMRC shall initiate proceedings as

mentioned in relevant clause of License Agreement for material breach of

contract condition.

In case of termination (pre-mature/ mature/ surrender) of license agreement,

the property tax/service charge shall be recovered from licensee on pro-rata

basis for the actual period of occupancy only. DMRC can recover these dues

from the Interest Free Security Deposit of the Licensee. The applicable

property tax/service charge will be charged & recovered for the mezzanine

floor, if any, also as applicable.

b.) Payment of stamp duty on execution & registration of license agreement, if

any, to be executed in pursuance of this bid shall be solely borne by

successful bidder/licensee.

The registration of License agreement of respective schedule should be done



within 30 days of signing of agreement of that schedule by the licensee

(registration fees, stamp duty etc to be fully borne by the licensee) and the

duly registered documents to be submitted to DMRC for records. Any

amendment in the contract/license agreement, if required to be registered,

shall also be registered with 30 (thirty) days from the date amendment and

duly registered document shall be submitted to DMRC for record. In case the

registration of license agreement/amendment is not done within 30 (thirty)

days from the date of singing of agreement/amendment, it shall be treated as

“material breach of contract” in terms of clause no. 12.2(p) of DLA. The

licensee shall be given 30 (thirty) days time to cure the default to the

satisfaction of DMRC within the cure period in terms of clause no. 12.3 of

DLA. In case the licensee fails to cure/rectify the event of default to the

satisfaction of DMRC within the cure period of 30 days, DMRC may

terminate the license agreement of respective schedule after the expiry of cure

period duly forfeiting the Interest Free Security Deposit & any other amount

paid by the licensee to DMRC.

7.5 In no case, payments shall be allowed to remain outstanding for a period of more

than 60 days. If at any stage the dues remain outstanding for a period of more than 60

days, the license agreement may stand terminated without giving up notice to the

licensee and interest free security deposit (IFSD) shall stand forfeited as per the

provision of the license agreement.



CHAPTER: 8

DEVELOPMENT, MAINTENANCE AND OPERATION

OF LICENSED SPACE

8.1 Development of Licensed Space:

Licensee shall be permitted to carry out development of the licensed space, by

creation of temporary structures only and development of open commercial bare

space as defined in this license agreement, partitions, interior design works along

with utilities like power supply, water supply, toilets, drainage system, HVAC, fire

protection system, telecommunication system, etc. provided that:

a) The all the developments shall duly adheres to the provision of all Applicable

Laws including and in particular the prevalent Delhi Building Bye Laws and

specified guideline/ requirements of other competent authorities and as per

DMRC specifications.

b) The design and construction work in the form of temporary structures only shall

strictly conform to relevant Standard Building Codes and good industry

practice.

c) It shall be the Licensee’s sole responsibility to obtain all necessary prior

clearance/ approval/ sanction from DMRC and other competent authorities for

development/ modifications, FAR changes, fire protection system, etc. DMRC

shall only provide assistance wherever possible on the best effort basis without

any legal and binding obligations to facilitate the process.

d) It is licensee’s responsibility to obtain Fire NOC for the aforesaid development

work as per relevant BIS Code of Practice and norms DMRC & Delhi Fire

Services for the usage of the licensed space at their own cost.

e) License shall ensure that no structural damage is caused to the existing building

and other permanent structure as a result of their activities.

f) Licensee shall be responsible for safety, soundness and durability of the work

undertaken by the Licensee including other structures forming part thereof.



g) The facilities and works being undertaken or installed, shall not in any manner

affect, hinder or interfere with the free movement of the DMRC’s employees,

other users. No surplus construction machinery and material, including any

hazardous material and wastes shall be left at any place in the site.

h) No material shall be stored or kept outside the site or in common area meant for

movement of persons. Any special cleaning or drain clearance necessary as a

result of the alteration works shall be carried out by Licensee at their own cost.

i) The Licensee shall strictly comply with the safety procedure, measurement,

specification & guidelines for execution of electrical works, approved list of

materials, etc. as laid down in Annexure to this Agreement. All materials used

for development of structures must be fire retardant. If it is noticed at any stage

that licensee has compromised with the safety procedure, measurements,

specifications, guidelines and quality of materials as laid down in the

agreement, the penalty up to Rs.100000/- (Rupees One Lakh only) per instance

shall be imposed on the Licensee.

j) The Licensee may deploy security staff at their own cost for the safety of

licensed space.

k) Licensee shall bear all risk & cost and consequences of this development work

in Licensed Space.

l) On completion of development work, the Licensee shall furnish “As Built

Drawings” of the premises including details of services along with all

permissions/ approvals taken from the concerned departments.

m) The Licensee is expected to apply & obtain all necessary approvals/

permissions and timely to complete all development activities within specified

fitment period from taking over the site. For any delay in completion of work,

DMRC shall not be responsible. In any case, the License Fee shall become

chargeable after the specified fitment period.

8.2 Operation & Maintenance of Licensed space:

a.) Permissible Usage of Space:

Licensee may also use or allow the use of the licensed bare space after its

development for any other commercial activities except activities mentioned

in list of banned usages placed at Annexure - II but only after obtaining prior

written approval of DMRC

b.) Licensee shall keep and maintain the Licensed Space in neat & clean, safe &

sound by maintaining it properly at their own cost during the License Period.

Licensee shall bear the cost of minor day-to-day repairs; annual refurbishing

and routine special repairs required due to normal wear & tear with the efflux



of time or due to planning/ constructional defects remained during

development of the Licensed Space. Any defective, weak or corroded

structure should be replaced immediately with new proper structure after due

certification from reputed agency.

c.) Licensee shall ensure that all electrical wiring, power outlets and gadgets used

are maintained properly, guarded against short circuits / fires. The instructions

of DMRC’s electrical inspectors/ authorized representative shall be complied

by the licensee at their own cost. The licensee shall make provision for TOD

energy meter as per latest DERC guidelines.

d.) Licensee shall ensure that fire detection and suppression measures installed

inside their premises are kept in good working condition at all times. The Fire

extinguishers must be regularly checked & refilled and must be visible &

easily accessible at all times of emergency. The Licensee’s staff must be

capable of addressing the safety issues during any emergency including

operation of fire extinguisher.

e.) In case of any accident caused due to negligence of the Licensee resulting into

injury/ death to DMRC employees/ other users/ any person or loss to DMRC

property, Licensee shall compensate the loss (es), without prejudice to other

actions under this Agreement at the sole discretion of DMRC, including

termination of Agreement.

f.) The Licensee voluntarily and unequivocally agrees not to seek any claims,

damages, compensation or any other consideration whatsoever because of

implementing the instruction issued by DMRC fire officer, electrical

inspector, Security officer or their authorized representatives from time to

time.

g.) The overall control and supervision of the premises shall remain vested with

DMRC who shall have right to inspect the whole or part of the licensed

spaces as and when considered necessary, with respect to its bonafide use and

in connection with fulfilment of the other terms and conditions of the license

agreement.

h.) The Licensee voluntarily and unequivocally agrees to provide un-fettered

access to the fire officer & other officials of DMRC for inspection of

Licensed Space or for repair of DMRC utilities passing through the Licensed

Space at any time and to abide by and comply with all instructions as may be

indicated by the fire officer & other officials. If any fixtures or utility relating

to operation of the MRTS (Metro) is running through the licensed area,

proper protection as advised by DMRC shall be done by Licensee.

i.) Licensee and their employees or other persons involved in the execution of

the work shall not, in any way, impinge on the safety and security of metro

operations, passenger safety, safety of metro properties and its assets.

J.) The Licensee and their authorized representatives including their sub-

licensees or their further authorized representatives shall have free access to

the licensed spaces at all the times. The necessary identity cards to such

person(s) shall be issued by DMRC in accordance with its extant policy.



However, entry into paid area or travelling by Metro trains shall be as per

general policy to DMRC commuters.

k.) Encroachment:

The Licensee shall strictly not encroach up common areas/circulating areas or

any other space, and restrict their operation within the area/bare space

licensed. In case, the Licensee encroaches upon the common area, circulating

area or any other space, then a fine/ compensation @ Rs.1, 000/- on the first

occasion, Rs.3, 000/- on the second occasion and Rs.4, 000/- after second

occasion shall be imposed by DMRC. Thereafter, DMRC reserves the right to

revoke the license for breach of contract.

l.) Further, DMRC can impose the fine on Licensee up to Rs.5, 000/- per offence

per instance on the following offenses:

i. Any staff of Licensee found in drunken condition/ indulging in bad conduct.

ii. Any staff of the Licensee found creating nuisance.

iii. Improper maintenance & defacement of the Metro Property.

iv. Dishonour of drafts and Cheques given by Licensee in favour of DMRC.

Cheques will be accepted only in emergent situations & with prior approval

of HOD level official of DMRC

v. Misbehaviour with staff and commuters of DMRC.

vi. Not following safety and security norms as may be indicated by authorized

representative of DMRC.

vii. Any staff of the Licensee found without uniform and ID Card and/or found

creating nuisance on duty.

viii. Not following the instructions issued by DMRC authorities from time to time

m.) The option to impose fine, penalty, etc. under this License Agreement shall be

exercised by DMRC official not below the rank of Dy. HOD.

n.) It shall be the sole responsibility of the licensee to maintain law & order in its

licensed premises. DMRC shall, in no way, will be responsible / accountable

of any mis-happening in the premises given in license basis to licensee.



CHAPTER: 9

RIGHTS AND OBLIGATIONS

9.1 Licensee’s Obligations:

The Licensee’s responsibilities and duties shall include the following, in addition to

and without prejudice to other obligations under this Agreement:

a) to obtain due permits, necessary approvals, clearances and sanctions from the

competent authorities for all activities or infrastructure facilities including interior

decoration, power, water supply, drainage & sewerage, firefighting,

telecommunication, etc.;

b) to develop, operate and maintain the licensed area at all times in conformity with

this Agreement;

c) to furnish “As Built Drawings” of the premises with 30 days of completion of

development work.

d) to ensure that no structural damage is caused to the existing buildings and other

permanent structures at the station as a result of their activities or any of their

agents, contractors, sub-Licensee, etc.;

e) to take all reasonable steps to protect the environment (both on and off the

Licensed Bare spaces) and to limit damage and nuisance to people and property

resulting from construction and operations, within guidelines specified as per

Applicable Laws and Applicable Permits;

f) to duly supervise, monitor and control the activities of contractors, sub-licensees,

agents, etc., if any, under their respective License Agreements as may be necessary;

g) to take all responsible precautions for the prevention of accidents on or about the

site and provide all reasonable assistance and emergency medical aid to accident

victims;

h) not to permit any person, claiming through or under the Licensee, to create or place

any encumbrance or security interest over whole or any part of License Licensed

Space or their assets, or on any rights of the Licensee therein or under this

Agreement, save and except as expressly permitted in this Agreement;

i) to keep the Licensed Space free from all unnecessary obstruction during execution

of works and store the equipment or surplus materials, dispose of such equipment

or surplus materials in a manner that causes least inconvenience to the Metro

Station, Commuters or DMRC’s activities.

j) at all times, to afford access to the Licensed Space to the authorised representatives

of DMRC, other persons duly authorised by any Governmental Agency having

jurisdiction over the business of Licensed Bare spaces, to inspect the Licensed

Space and to investigate any matter within their authority and upon reasonable

notice; and

k) to comply with the divestment requirements and hand over the Licensed Space to

DMRC upon Termination of the Agreement;



9.2 The Licensee shall be solely and primarily responsible to DMRC for observance of all

the provisions of this License Agreement on behalf of its employees and

representatives and further on behalf of the sub-Licensees, their employees and agents

and any person acting under or for and on behalf of the Licensee or the sub-Licensees;

contractor (s) appointed for the Licensed Space as fully as if they were the acts or

defaults of the Licensee, their agents or employees.

9.3 Sub-Licensing:

The successful bidder/licensee shall be entitled to sub-license the licensed space with

the prior written approval of DMRC. However, for any such sub-license the following

guiding principles shall be scrupulously observed.

a) The successful bidder/licensee shall be entitled to sub-license, the licensed space,

during the subsistence of the License period with a clear stipulation that sub-

licenses granted shall terminate simultaneously with the termination of this

License Agreement, including on sooner termination of the License Period for

any reason whatsoever.

b) All contracts, agreements or arrangements with sub-licensees shall specifically

stipulate this covenant of termination of the sub-licensee’s rights, and further that

the successful bidder / sub-licensee shall not have any claim or seek any

compensation from DMRC for any such termination.

c) The successful bidder (Licensee) shall prepare a draft standard format of the sub-

license agreement, which he/she/they shall be required to sign with the sub-

licensees for the use of the Licensed Bare spaces based on terms and condition of

License Agreement between DMRC and successful bidder. The format of

standard Sub-License Agreement shall be approved by DMRC before execution

of any sub-license to third party. In case of any deviation from the above-

mentioned standard draft sub-license agreements, the successful bidder shall

obtain the prior written consent and approval of DMRC before entering into an

agreement with a sub-licensee. DMRC reserves the sole right not to give

consent/approval to such a request and no compensation or claim on this account

shall be entertained.

9.4 The successful bidder/licensee shall at all times adhere to all provisions of the Delhi

Metro Railway (Operation & Maintenance) Act, 2002 and amendments thereto and

shall also comply with all notices and circulars issued by DMRC in this regard.

9.5 No tenancy/sub-tenancy is being created by DMRC in favour of Licensee under or in

pursuance of this Agreement and it is distinctly & clearly understood, agreed and

declared by/ between the parties hereto that:

a) The Licensee shall not have or claim any interest in the said licensed space as a

tenant/sub-tenant or otherwise.

b) The rights, which Licensee shall have in relation to the said licensed space, are only

those set out in this Agreement.

c) The relationship between DMRC and Licensee under and/or in pursuance of this

Agreement is as between Principal and Principal. Consequently, neither party shall

be entitled to represent the other and/or make any commitment on behalf of and/or



with traders or any other party. Furthermore, no relationship in the nature of

Partnership or Association of persons is hereby being created or intended to be

created between DMRC on the one hand and Licensee on the other hand in

connection with and/or relating business to be operated by Licensee at the said

premises.

9.6 Infrastructure Services:

a.) Electricity, Installation of DG sets, Air Conditioning and Fire Fighting & Fire

Protection:

(i) Electricity shall be provided as per norms. It is Licensee’s

responsibility to draw electric power cable from aforementioned LT

panel to the licensed space at their own cost.

(ii) Licensee has to carry out all works for functioning of their tendered /

licensed area on their own with all cost including installation &

commission of ACB/ MCCB in spare space of LT panel, cable laying,

cable trays, hangers in cable route, individual LT panel at proposed

space and subsequent extension of power supply from individual LT

panel along with associated cabling, cable tray, earthing, internal

wiring, lighting, power distribution etc.

(iii) Licensee shall install LED electrical lights and energy efficient Air-

Conditioners to ensures energy conversation,

(iv) Availing power supply from outside agencies in DMRC is not

permitted. Hence, for reliability of power supply, if desired, licensee

can install their own DG sets at their own cost subject to adhere all

norms specified in Annexure –IV.

(v) For meeting Air Conditioning requirement for tendered / licensed

space, licensee may install VRV/ package AC/ Split AC as per its own

design and requirement with all cost to be borne by successful

bidder/licensee.

(vi) Dedicated fire alarm & control system for tendered space has to be

planned and installed by licensee at their own cost as per the statutory

requirement of Delhi Fire Services. It is licensee’s responsibility to

connect licensed area to aforesaid tapping point at their own cost.

Further, details of existing capacity of fire fighting pumps and water

tanks are detailed in Annexure –IV.

(vii) For detailed terms & conditions pertains to infrastructure service and

rules / procedures to be followed for electricity supply, installation of

DG sets, Air-conditioning and Fire Fighting & Fire Protection, kindly

refer in Annexure –IV.

(viii) Licensee shall pay a refundable electricity consumption deposit of Rs.

4500/- per KVA for sanctioning of electric load as per requirement.

A non-refundable one time electrical supervision charges of Rs.

10,000/- (Rupees ten thousand) per energy meter plus GST as

applicable shall be paid to DMRC by the licensee.

DMRC shall make available to the license, electric power at DERC

rates as per actual consumption.

b.) Water Supply:

Water supply will be provided as per feasibility. The licensee will have to



make their own arrangements for drawing pipe lines from aforesaid point to

their licensed area at their own cost. Further, licensee will have to make their

own arrangement for distributions of water including the installation of

meters, storage and purification at their own cost after taking all necessary

approvals. The discharge of all wastes including the drainage shall also be

arranged by the licensee at their own costs and in this connection it shall

follow all the directives as may be issued by the authorized representative of

the DMRC. The water charges shall be charged on actual basis as per Delhi

Jal Board rates.

c.) Sanitary Connection:

The Sewage Treatment Plant (STP) and Effluent Treatment Plant (ETP) shall

be developed, operated and maintained by the licensee at their own cost to

meet their daily requirements. The responsibility to connect the developments

(temporary structure/ open commercial area) at licensed area to

aforementioned STP/ ETP and from STP/ ETP to the municipal drainage at

entry gate no. 1 solely lies with licensee subject to prior approval of DMRC/

other civic agencies.

d.) Disposal of Waste:

The licensee shall have to make its own arrangements for daily disposal of

waste (after segregation of dry and wet waste) out of DMRC premises at the

dumping sites approved by MCD/ concerned civil agencies to ensure perfect

cleanliness. If any kind of waste is found disposed off on DMRC land or

premises, a penalty/fine of Rs. 2000/- shall be imposed by DMRC for each

occasion.

e) Telephone:

DMRC may give permission for installation of cables for

telephone/telecommunication equipment subject to technical feasibility. The

instrument, cables and connection shall be obtained by the licensee from the

telephone company at their own cost.

f) Security:

Licensee shall install CCTV cameras inside/ outside the licensed area and

also arrange security arrangement for their licensed area at their own cost.

Licensee hereby undertakes to indemnify DMRC against all losses and claims

in respect of death or injury to any person or loss or damage to any property

which may arise out on this account.

g) Provision of Gas Bank/ PNG:

Over and above provision of Gas Bank / PNG is subject to availability and

technical feasibility. Successful bidder agrees voluntarily and unequivocally

not to seek claim, damages, compensation or any other consideration

whatsoever on account of non availability / provision of Gas Bank. The

policy for Provision of Gas Bank/ PNG is annexed at Annexure – X



h) Parking: If available, Parking space may be used by the licensee on payment

of normal parking charges to the concerned parking contractor.

CHAPTER: 10

INDEMNITY AND INSURANCE

10.1 The Licensee hereby undertakes to indemnify and hold DMRC harmless against all

costs, damages, liabilities, expenses arising out of any third party claims relating to

non- completion of the Fit-out; quality of the Fit-out and the construction/

construction activities, agreement to sub-License entered in to between the Licensee

and end user.

10.2 The Licensee hereby undertakes to indemnify DMRC against all losses and claims in

respect of death or injury to any person or loss or damage to any property which may

arise out of or in consequence of the execution and completion of works and

remedying defects therein and against all claims, proceedings, damages, costs

charges and expenses whatsoever in respect thereof or in relation thereto.

10.3 The Licensee hereby undertakes that DMRC shall not be liable for or in respect of

any damages or compensation payable to any workman or other person in the

employment of Licensee or any of his contractors/ sub-contractors/ sub-Licensees.

The Licensee shall indemnify and keep indemnified DMRC against all such damages

and compensation; all claims proceedings, damages, costs, charges and expenses

whatsoever in respect thereof or in relation thereto.

10.4 The licensee must strictly comply with all the provisions of The EPF Act 1952, The

ESI Act, Minimum Wages Act 1948, Labour Laws & regulation in force including

but not limited to the Contract Labour (Regulation & Abolition) Act-1976 including

any subsequent amendment thereof and the rules made there under as per prevalent

Government orders and ensure timely payment under these Acts. Failure to comply

these acts shall attract penalty as per provisions. Licensee shall indemnify DMRC

Administration for any loss and damages suffered due to violation of its provision.

10.5 The Licensee hereby indemnifies DMRC against any loss, damage or liabilities

arising as a result of any act of omission or commission on part of Licensee or on

part of its personnel or in respect of non-observance of any statutory requirements or

legal dues of any nature.

10.6 The Licensee hereby undertakes to discharge all statutory obligations and liabilities

in connection with employment of its personnel in the said premises. Licensee hereby

indemnifies DMRC against any liability arising in connection with the employment

of its personnel in the said premises to the Licensor. Licensee hereby undertakes to

carry out police verification of its employees and submit the copy of same to DMRC

in accordance with its extant policies.



10.7 The Licensee shall indemnify DMRC from any claims that may arise from the

statutory authorities against any statutory taxes, statutory dues, local levies, etc. in

connection with this License.

10.8 The Licensee shall indemnify DMRC from any serious accident caused due to

negligence of the Licensee, resulting in injury, death to commuters or DMRC

employees or loss to DMRC property.

10.9 The Licensee shall be liable for and shall indemnify, protect, defend and hold

harmless DMRC, DMRC’s officers, employees and agents from and against any and

all demands, claims, suits and causes of action and any and all liability, costs,

expenses, settlements and judgments arising out of the failure of the Licensee to

discharge its obligations under this clause and to comply with the provisions of

Applicable laws and Applicable Permits.

10.10 The Licensee shall indemnify and keep indemnified DMRC for any losses/ penalties

on this account levied by any judicial/statutory authorities/courts on the Licensee.

10.11 Insurance and Waiver of Liability:

The Licensee shall bear the cost, throughout the term of the License, for a

comprehensive general liability insurance covering injury to or death of any person(s)

while working in DMRC premises, including death or injury caused by the sole

negligence of the Licensee or the Licensee’s failure to perform its obligations under

the agreement. Upon DMRC's request, the Licensee shall submit to DMRC, suitable

evidence that the foregoing policy or policies are in effect. In the event of the default

i.e. avoiding the insurance cover, the Licensee agrees and undertakes to indemnify

and hold the licensor harmless against any and all liabilities, losses, damages, claims,

expenses suffered by the licensor as a result of such default by the Licensee.



CHAPTER: 11

FORCE MAJEURE

11.1 Neither DMRC nor Licensee shall be liable for any inability to fulfil their

commitments and obligations hereunder occasioned in whole or in part by Force

Majeure, any of the following events resulting in material adverse effect, shall

constitute force majeure events:

a) Earthquake, Flood, Inundation, Landslide.

b) Storm, Tempest, Hurricane, Cyclone, Lighting, Thunder or other extreme

atmospheric disturbances.

c) Fire caused by reasons not attributable to the Licensor/licensee.

d) Acts of terrorism

e) War, hostilities (Whether war be declared or not), invasion, act of foreign

enemy, rebellion, riots, weapon conflict or military action or civil war.

f) Strikes or boycotts, other than those involving the Licensor/ Licensee, its

contractors, or their employees, agents etc.

11.2 The License fee for the portion affected due to Force Majeure shall be exempted for

the affected period if the force majeure condition persists for more than 7 days.

11.3 Occurrence of any Force Majeure shall be notified to the other party within 7 days of

such occurrence. If any Force Majeure continues for a period of three months, the

party notifying the Force Majeure condition may be entitled to, though not being

obliged, to terminate this agreement by giving a notice of 7 (seven) days to the other

party and interest free Security Deposit/ Performance Guarantee shall be refunded by

DMRC to the Licensee after adjusting outstanding dues, if any.



CHAPTER: 12

BREACHES/SURRENDER/TERMINATION OF LICENSE AGREEMENT

12.1 Surrender of License Agreement:

(i) No partial surrender of licensed space or part of the licensed space/area of a

schedule which has been handed over to the Licensee by DMRC shall be

permissible during the currency of the License Agreement.

(ii) The Licensee shall have option to surrender the license agreement after a

lock-in period of three (3) years from date of start of license period -

a) The Licensee successfully completes initial three (3) years lock in

period.

b) There is no arrear pending with the Licensee on the date of issue of

surrender notice.

c) DMRC receives a 180 days’ advance notice, in writing, from licensee

for its intention to surrender the license agreement. Such notice of 180

days can be given as per the provisions of Clause No. 6.3, 6.4 & 6.5 of

this license agreement and as per Clause No. 12.1 (iii), (iv) & (v) as

given below.

d) Licensee continues to pay all dues as per schedule to DMRC till the

date of pre-mature closure of License Agreement.

e) Licensee hand over peaceful possession of the all Licensed space to

DMRC free from all encumbrances within 30 (thirty) days from the

date of termination of License agreement.

If Licensee satisfies the above said conditions, DMRC shall terminate the

Agreement and refund interest free Security Deposit/ Performance Security

after adjusting any outstanding amount on the part of Licensee.

(iii) There shall be lock-in period of 3 years from date of commencement of the

license period. If the Licensee is desirous of surrendering and exiting from the

license hereby created before expiry of the lock-in period of three (3) years, the

License Agreement shall deemed to be terminated on the date mentioned in

termination/ surrender notice, subject to confirmation by DMRC. In such a

case, the balance Interest Free Security Deposit shall be forfeited in favour of

DMRC after adjustment of outstanding dues, if any, payable to DMRC. No

grace period shall be provided to Licensee in such a case. DMRC may also

recover the balance outstanding dues, if are more than Interest Free Security

Deposit, from the other contracts of Licensee in DMRC. Balance outstanding

dues, if are more than Interest Free Security Deposit, shall also be recoverable

from the Licensee before Licensee is permitted to remove their

establishment(s) or else DMRC will seize their property at nil/ zero value.

DMRC shall be free to dispose-off the said property / goods in whatsoever

manner as it deems fit. Licensee shall have no claim for compensation or




(iv) There shall be a lock in period of three (3) years from the date of

commencement of license agreement. The Licensee shall have option to

surrender and exit from the License Agreement immediately after completion

of the lock in period. For it, the Licensee shall have to issue 180 days prior

written notice to DMRC. Such prior notice intimation can be given after two

and half (2 ½) years however option to exit will be available only after three

(3) years. In this case, Security Deposit of the Licensee shall be refunded after

adjusting the dues, if any, to be payable by Licensee. DMRC may also recover

the balance outstanding dues, if are more than Interest Free Security Deposit,

from the other contracts of Licensee in DMRC. Balance outstanding dues, if

are more than Interest Free Security Deposit, shall also be recoverable from the

Licensee before Licensee is permitted to remove their establishment(s) or else

DMRC will seize their property at nil / zero value. DMRC shall be free to

dispose-off the said property / goods in whatsoever manner as it deems fit.

Licensee shall have no claim for compensation or consideration / damages on

this account.

(v) There shall be a lock in period of three (3) years from the date of

commencement of license agreement. If the Licensee is desirous of terminating

the license after expiry of above said lock-in period without serving any prior

intimation period or shorter intimation period than 180 days, the agreement

shall deemed to be terminated on completion of such short / irregular

intimation period. In such cases, the Interest Free Security Deposit shall be

refunded to the Licensee after adjustment of license fee for period shorter than

180 days (notice period) and outstanding dues, if any. DMRC may also recover

the balance outstanding dues, if are more than Interest Free Security Deposit,

from the other contracts of Licensee in DMRC. Balance outstanding dues, if

are more than Interest Free Security Deposit, shall also be recoverable from the

licensee before Licensee is permitted to remove their establishment(s) or else

DMRC will seize their property at nil/ zero value. DMRC shall be free to

dispose-off the said property / goods in whatsoever manner as it deems fit.

Licensee shall have no claim for compensation or consideration / damages on

this account.

12.2 Breach of License Agreement/ Licensee’s Events of Default:

Following shall be considered as Material Breach of the License Agreement by

Licensee resulting in Licensee’s Events of Default:

a) If the Licensee fails to perform or discharge any of their obligations in

accordance with the provisions of License Agreement, unless such event has

occurred because of a Force Majeure Event, or due to reasons solely attributable

to DMRC without any contributory factor of the Licensee.

b) If the Licensee fails to pay License Fee, utility charges, penalty or Damage

herein specified or any other due to be paid by the Licensee to DMRC by the

stipulated date.

c) If the Licensee makes any of the following changes in Ownership:



i. Any change in percentage stake of JV/Consortium by the

members without prior written permission of DMRC.

ii. Dilution of stake of Lead Member in the JV/Consortium below

51% at any time during the License Period.

iii. Dilution of stake of any consortium member in JV/ Consortium

below 15% during the license period

d) If the Licensee during pendency of the License Agreement becomes insolvent or

is put under receivership by a competent court.

e) If the Licensee is in persistent non-compliance of the written instructions of a

DMRC officials.

f.) If the Licensee or any of its representatives cause an incident or accident that

results in injury or death to DMRC employees/ commuters or loss to DMRC

property.

g.) If the Licensee is in violation of any of the other Clauses of License Agreement

and after three written notice (unless otherwise specifically mentioned therein)

from DMRC fails to cure the Default to the satisfaction of DMRC.

h.) If any representation made or warranties given by the Licensee under this

Agreement is found to be false or misleading.

i) If the Licensee engaging or knowingly has allowed any of its employees, agents,

or sub-Licensee to engage in any activity prohibited by law or which constitutes

a breach of or an offence under any law, in the course of any activity undertaken

pursuant to this Agreement.

j) If the Licensee has created any encumbrance, charges or lien in favour of any

person or agency, over the Licensed Space except expressly permitted under this

Agreement.

k) If a resolution for voluntary winding up has been passed by the shareholders of

the Licensee.

l) If any petition for winding up of the Licensee has been admitted and liquidator or

provisional liquidator has been appointed or the Licensee has been ordered to

wind up by Court of competent jurisdiction, except for the purpose of

amalgamation or reconstruction with the prior consent of DMRC, provided that,

as part of such amalgamation or reconstruction and the amalgamated or

reconstructed entity has unconditionally assumed all surviving obligations of the

Licensee under this Agreement.

m) If the Licensee has abandoned the Licensed Space.

n) If the licensee violates banned usage as per list given in Annexure-II.

o) If the licensee submitted false undertaking (as detailed on Clause No. 3.5 of

Chapter-3) regarding not blacklisting / ban Licensee by Central/ State

Government Department/ Public Sector Undertaking/ Other Government Entities

or Local Body or termination of contract due to their non-performance after

award of contract during last(three) years.

p) The registration of License/Lease agreements shall be done within 30 days of

signing of agreement by the licensee/lessee (registration fees, stamp duty etc to

be fully borne by the licensee/lessee) and the duly registered documents to be

submitted to DMRC for records. In the case the registration of the license

agreement/amendment is not within the 30 days of signing of license

agreement/amendment, it shall be treated as “Material Breach of Contract”. The

licensee will be given 30 days time to cure the default. In case, licensee fail to



remedies the default to the satisfaction of the DMRC within the above cure

period, DMRC may terminate the license agreement after the expiry of cure

period duly forfeiting the security deposit/any other amount paid by licensee.

q) If the licensee fails to pay to DMRC Ltd the demand for property tax/service

charges in terms of this license agreement.

12.3 Termination of License Agreement by DMRC:

Provided that in the event of application of clauses 12.2 (a) (b) (p) and (q) above,

DMRC shall give to the Licensee 15 days time to cure the default prior to considering

the events specified therein as Licensee’s events of default and in the event the

Licensee remedies the default to the satisfaction of the DMRC within the cure period,

the event shall not be considered as a Licensee Event of Default. In case the licensee

fails to remedies the default to the satisfaction of the DMRC within the cure period,

then DMRC shall be within its rights to disconnect the utility services & terminate the

License Agreement as per the provisions of this license agreement & issue a thirty (30)

days termination notice. The Licensee voluntarily agrees not to seek any claim,

compensation, damages or any other consideration whatsoever on any ground in this

regard. However, in the event of application of clause 12.2 (c) to (o), DMRC may

terminate the license agreement with immediate effect.

12.3 On Operational Ground:

DMRC reserves the right to terminate the License Agreement by giving three months

advance notice on operational ground. The License agreement shall stand terminated

immediately after expiry of three months notice and the Interest Free Security Deposit

shall be refunded after adjusting outstanding dues, if any, payable by the Licensee. The

Licensee voluntarily agrees not to seek any claim, compensation, damages or any other

consideration whatsoever on any ground in this regard.

12.4 Termination for Force Majeure:

The License Agreement may be terminated for Force Majeure Reasons as specified in

Chapter-11.

12.5 Other Terms & Conditions:

(i) On termination of License Agreement:

a) All sub-licenses/ third party agreements, entered by the Licensee, shall stand

terminated with immediate effect ;

b) In case of termination of agreement on account of Licensee’s Events of

Default, the interest free Security Deposit & advance license fee paid shall

be forfeited in favour of DMRC. Any outstanding dues payable to DMRC

shall be adjusted/ recovered from the advance license fee and forfeited

interest free Security Deposit. Balance outstanding dues, if remaining after

adjustment of outstanding dues from the advance license fee and interest free

Security Deposit, shall also be recovered from the licensee.

c) All utilities shall be disconnected with immediate effect, unless otherwise

specified elsewhere, and



d) A notice of vacation shall be issued to the Licensee to vacate the premises

within 30 days grace period.

(ii) On termination of the license agreement, the Licensee shall handover the

vacant possession of the licensed premises to the DMRC’s authorized

representative within 30 days (grace period) from the date of termination of

License Agreement, after removal of plants, equipments, furniture, fixtures,

etc. installed by the Licensee at its own cost, without causing damage to

DMRC structures. The Licensee shall be allowed to remove their temporary

structures, assets like furniture, almirahs, air-conditioners, DG sets,

equipments, etc without causing damage to the structure. However, the

Licensee shall not be allowed to remove any facility, equipment, fixture, etc.

which has become an integral part of the development plan of the space. The

Licensee agrees voluntarily and un-equivocally not to seek any claim,

damages, compensation or any other consideration whatsoever on this

account. If the premise is not handed over in good condition as required under

this clause, DMRC reserves the right to deduct/ recover damage charges. No

grace period shall be provided to licensee, if licensee terminates the contract

within the lock-in period.

(iii) If the Licensee fails to vacate the premises within the grace period of thirty

(30) days, penalty of twice the prevalent monthly License Fee shall be

chargeable for occupation for beyond this thirty (30) days period. And, after

lapse of this thirty (30) days grace period, DMRC shall take over the goods /

property etc lying in the licensed premises treating at NIL/ Zero value, even if

it is under lock & key; and shall be free to dispose-off the property in

whatsoever manner as it deems fit. Licensee shall have no claim for

compensation or consideration / damages in this regard after completion of

notice period. If, licensee fails to pay the penalty, applicable in case of non-

vacation of premises, the same shall be adjusted from the Interest Free

Security Deposit / Performance Security available with DMRC. No grace

period shall be provided to licensee, if licensee terminates the contract within

the lock-in period.

(iv) After vacating the premises, the Licensee shall submit a vacation certificate

from the DMRC’s authorized representative as a proof of Licensee having

vacated the site. Licensee’s statement regarding vacation, without a vacation

certificate from the in-charge or their authorized representative, shall not be

accepted.

(v) The termination of this Agreement shall not relieve either party from their

obligation to pay any sums then owing to the other party nor from the

obligation to perform or discharge any liability that had been incurred prior

thereto. The Licensee shall be liable to pay all dues outstanding to DMRC

including electricity, chiller and other utility charges under this agreement

without prejudice to rights and remedies applicable under the law. The final

settlement of dues shall take place after submission of vacation certificate

from the Station In Charge or his authorized representative subsequent to

termination of License Agreement.



(vi) Rights of DMRC on Termination: DMRC shall not have any obligation

whatsoever including but not limited to obligations as to compensation for

loss of employment, continuance or regularization of employment, absorption

or re-employment on any ground, in relation to any person in the employment

of or engaged by the Licensee in connection with the Licensed space.

(vii) On termination of Agreement, DMRC shall have rights to re-market or to

seal/ lock the Licensed Space.

CHAPTER: 13

DISPUTE RESOLUTION

13.1 Amicable Resolution:

13.1.1 No legal action till dispute settlement procedure is exhausted.

Any and all disputes shall be settled in accordance with the provisions of Article 13.

No action at law concerning or arising out of any dispute shall be commenced

unless and until all applicable dispute resolution procedures set out in Article 13

shall have been finally exhausted in relation to that dispute or any dispute out of

which that dispute shall have arisen with which it may be or may have been

connected.

13.1.2 Notice of Dispute

For the purpose of Sub-Clause 13.1.2, a dispute shall be deemed to arise when one

party serves on the other party a notice in writing (hereinafter call a “Notice of

Dispute”) stating the nature of the Dispute provided that no such notice shall be

served later than 28 days after the termination/surrender/completion of contract as

advised/intimated by DMRC to the licensee.

13.1.3 Two stages for Dispute Resolution

Dispute shall be settled through two stages:

a. Conciliation procedures as established by “The Arbitration and Conciliation

Act – 1996” & amended by the Arbitration & Conciliation (Amendment)

Act, 2015 and any statutory modification or re-enactment thereof and in

accordance with the Clause. In the event this procedure fails to resolve the

Dispute then;

b. Arbitration procedures undertaken as provided by “The Arbitration and

Conciliation Act – 1996” & amended by the Arbitration & Conciliation

(Amendment) Act, 2015 and any statutory modification or re-enactment

thereof and in accordance with the Clause.

13.1.4 Conciliation

Within 60 days of receipt of Notice of Dispute, either party shall refer the matter in

dispute to conciliation.

Conciliation proceedings shall be initiated within 30 days of one party inviting the

other in writing to Conciliation. Conciliation shall commence when the other party



accepts in writing this invitation. If the invitation is not accepted then Conciliation

shall not take place. If the party initiating conciliation does not receive a reply

within 30 days from the date on which he sends the invitation he may elect to treat

this as a rejection of the invitation to conciliate and inform the other party

accordingly.

The Conciliation shall be undertaken by one Conciliator selected from a panel of

Conciliators maintained by the DMRC. The Conciliator shall assist the parties to

reach an amicable settlement in an independent and impartial manner.

13.1.5 Conciliation Procedure

The DMRC shall maintain a panel of Conciliators, who shall be from serving or

retired engineers of Government Departments, or of Public Sector Undertakings.

Out of this panel, a list of three Conciliators shall be sent to the licensee who shall

choose one of them to act as Conciliator and conduct Conciliation proceedings in

accordance with “The Arbitration and Conciliation Act, 1996” of India & amended

by the Arbitration & Conciliation (Amendment) Act, 2015 and any statutory

modification or re-enactment thereof.

There will be no objection if conciliator so nominated is a serving employee of

DMRC who would be Deputy HOD level officer and above.

The DMRC and the licensee shall in good faith co-operate with the Conciliator and,

in particular, shall endeavor to comply with requests by the Conciliator to submit

written materials, provide evidence and attend meetings.

Each party may, on his own initiative or at the invitation of the Conciliator, sbmit to

the Conciliator suggestions for the settlement of the dispute.

When it appears to the Conciliator that there exist elements of a settlement which

may be acceptable to the parties, he shall formulate the terms of a possible

settlement and submit them to the parties for their observations. After receiving the

observations of the parties, the Conciliator may reformulate the terms of a possible

settlement in the light of such observations.

If the parties reach agreement on a settlement of the dispute, they may draw up and

sign a written settlement agreement. If requested by the parties, the Conciliator may

draw up, or assist the parties in drawing up, the settlement agreement. When the

parties sign the settlement agreement, it shall be final and binding on the parties and

persons claiming under them respectively.

The Conciliator shall authenticate the settlement agreement and furnish a copy

thereof to each of the parties. As far as possible, the conciliation proceedings should

be completed within 60 days of the receipt of notice by the Conciliator.

The parties shall not initiate, during the conciliation proceedings, any arbitral or

judicial proceedings in respect of a dispute that is the subject matter of the

conciliation proceedings.

13.1.6 Termination of Conciliation Proceedings

The conciliation proceedings shall be terminated:

a) By the sign of settlement agreement by the parties on the date of agreement:

or



b) By written declaration of the conciliator, after consultation with the parties, to

the effect further efforts at conciliation are no longer justified, on the date of

declaration; or

c) By a written declaration of the parties to the conciliator to the effect that the

conciliation proceedings are terminated, on the date of declaration; or

d) By a written declaration of a party to the other party and the conciliator, if

appointed, to the effect that the conciliation proceedings are terminated, on

the date of declaration.

Upon termination of the conciliation proceedings, the conciliator shall fix the costs

of the conciliation and give written notice thereof to the parties. The costs shall be

borne equally by the parties unless settlement agreement provides for a different

apportionment. All other expenses incurred by a party shall be borne by that party.

13.2 Arbitration

If the efforts to resolve all or any of the disputes through conciliation fails, then

such disputes or differences, whatsoever arising between the parties, arising out of

touching or relating to construction/manufacture, measuring operation or effect of

the contract or the breach thereof shall be referred to Arbitration in accordance with

the following provisions:

a. Only such dispute(s) or difference(s) in respect of which notice has been

made but could not be settled through Conciliation, together with counter

claims or set off, given by DMRC, shall be referred to Arbitration. Other

matters shall not be included in the reference.

b. The Arbitration proceedings shall be assumed to have commenced from the

day, a written and valid demand for arbitration is received by General

Manager/Property Business on behalf of MD/DMRC at the following

address:

General Manager (Property Business)

DMRC, 3rd

Floor, A Wing,




Phone No: 011-23418417

c. The disputes so referred to arbitration shall be settled in accordance with the

Indian Arbitration & Conciliation Act, 1996 & amended by the Arbitration &

Conciliation (Amendment) Act, 2015 and any statutory modification or re-

enactment thereof.

Further, it is agreed between the parties as under:

13.2.1 Number of Arbitrators: The arbitral tribunal shall consist of:

1. Sole Arbitrator in cases where the total value of all claims in question

added together does not exceed Rs. 2.00 crores;

2. (Three) arbitrators in all other case.




13.2.2 Procedure for appointment of Arbitrators: The arbitrators shall be appointed

as per following procedure:

i) In case of Sole Arbitrator: Within 60 days from the day when a written

and valid demand for arbitration is received by General

Manager/Property Business on behalf of MD/DMRC, the DMRC will

forward a panel of 03 names to the licensee . The licensee shall have to

choose one Arbitrator from the panel of three, to be appointed as Sole

Arbitrator within 30 days of dispatch of the request by the DMRC. In

case the licensee fails to choose one Arbitrator within 30 days of dispatch

of the request of the DMRC then MD/DMRC shall appoint anyone

Arbitrator from the panel of 03 Arbitrator as sole Arbitrator.

ii) In case of 3 Arbitrators:

a) Within 60 days from the day when a written and valid demand for

Arbitration is received by General Manager/Property Business on

behalf of MD/DMRC, the DMRC will forward a panel of 5 names to

the licensee. The licensee will then give his consent for any one name

out of the panel to be appointed as one of the Arbitrators within 30

days of dispatch of the request by DMRC.

b) DMRC will decide the second Arbitrator, MD/DMRC shall appoint

the two Arbitrators, including the name of one Arbitrator for whom

consent was given by the licensee within 30 days from the receipt of

the consent for one name of the Arbitrator from the licensee. In case

the licensee fails to give his consent within 30 days of dispatch of the

request of the DMRC then MD/DMRC shall nominate both the

Arbitrators from the panel.

c) The third Arbitrator shall be chosen by the two arbitrators so appointed

by the parties out of the panel of 05 Arbitrators provided to licensee or

from the larger panel of Arbitrators to be provided to them by DMRC

at the request of two appointed Arbitrators (if so desired by them) and

who shall act as Presiding Arbitrator. In case of failure of the two

appointed Arbitrators to reach upon consensus within a period of 30

days from their appointment, then, upon the request of either or both

parties, the Presiding Arbitrator shall be appointed by the Managing

Director / DMRC, New Delhi.

d) If one or more of the Arbitrators appointed as above refuses to act as

Arbitrator, withdraws from his office as Arbitrator, or vacates his/their

office/offices or is /are unable or unwilling to perform his functions as

Arbitrator for any reason whatsoever or dies or in te opinion of the

MD/DMRC fails to act without undue delay, the MD/DMRC shall

appoint new Arbitrator / Arbitrators to act in his/their place except in

case of new Presiding Arbitrator who shall be chosen following the

same procedure as mentioned in (ii) (c) above. Such re-constituted

Tribunal may, at its discretion, proceed with the reference from the

stage at which it was left by the previous Arbitrator(s).



e) The DMRC at the time of offering the panel of Arbitrator(s) to be

appointed as Arbitrator shall also supply the information with regard

to the qualifications of the said Arbitrators nominated in the panel

along with their professional experience, phone nos. and addresses to

the licensee.

13.2.3 Qualification and Experience of Arbitrators (to be appointed as per sub-clause

13.2.2 above): The Arbitrators to be appointed shall have minimum

qualification and experience as under:

Arbitrator shall be;

A working / Retired Officer (not below E-8 grade in a PSU with which

DMRC has no business relationship) of any discipline of engineering or

Accounts / Finance department, having experience in Contract Management

of Construction Contracts; or

A Retired Officer (retired not below the SAG level in Railways) of any

engineering Services of Indian Railways or Indian Railway Accounts Service,

having experience in Contract Management of Construction Contracts; or a

Retired Officer who should have retired more than 3 years previously from

the date of appointment as Arbitrator (retired not below E-8 grade in DMRC

or a PSU with which DMRC has a business relationship) of any Engineering

discipline or Accounts / Finance department, having experience in Contract

Management of Construction Contracts or retired judge of any High Court or

Supreme Court of India or reputed Chartered Accountant & should be

member of ICAI, New Delhi. No person other than the persons appointed as

per above procedure and having above qualification and experience shall act

as Arbitrator.

13.2.4 No new claim shall be added during proceedings by either party. However, a

party may amend or supplement the original claim or defense thereof during

the course of arbitration proceedings subject to acceptance by Tribunal having

due regard to the delay in making it.

13.2.5 Neither party shall be limited in the proceedings before such arbitrator(s) to

the evidence or arguments put before the General Manager/Property Business

for the purpose of obtaining his decision. No decision given by the General

Manager/Property Business in accordance with the foregone provisions shall

disqualify him from being called as a witness and giving evidence before the

arbitrator(s) on any matter, whatsoever, relevant to dispute or difference

referred to arbitrator/s. Neither party shall be limited in the proceedings

before such arbitrators to the evidence nor did arguments previously put

before during settlement through Conciliation proceedings.

13.2.6 It is agreed by both the parties that in the cases where Arbitral Tribunal is

consist of sole Arbitrator, their disputes shall be resolved by fast tract

procedure specified in Sub-Clause (3) of 29B of the Arbitration and

Conciliation (Amendment) Act, 2015 or as amended up to date.



13.2.7 In the licensee(s) does/do not prefer his/their specific and final claims in

writing, within a period of 28 days of receiving the intimation from the

DMRC about the termination/surrender/completion of contract, he/they will

be deemed to have waived his/their claim(s) and the DMRC shall be

discharged and released of all liabilities under the contract in respect of these

claims.

13.2.8 Arbitration proceedings shall be held at New Delhi, India and the language of

the arbitration proceedings and that of all documents and communications

between the parties shall be in English.

13.2.9 The Arbitral Tribunal should record day to day proceedings. The proceedings

shall normally be conducted on the basis of documents and written

statements. All arbitration awards shall be in writing and shall state item wise,

the sum and detailed reasons upon which it is based. A model time schedule

for conduct of Arbitral proceedings in a period of 180 days / 365 days will be

made available to Arbitral tribunal for their guidance. Both the parties should

endeavor to adhere to time schedule for early finalization of award.

13.2.10 The award of the sole Arbitrator or the award by majority of three arbitrators

as the case may be shall be binding on all parties. Any ruling on award shall

be made by a majority of members of Tribunal. In the absence of such a

majority, the views of the Presiding Arbitrator shall prevail.

13.2.11 A party may apply for correction of any computational errors, any

typographical or clerical errors or any other error of similar nature occurring

in the award of a tribunal and interpretation of specific point of award to

tribunal within 60 days of the receipt of award.

13.2.12 A party may apply to tribunal within 60 days of receipt of award to make an

additional award as to claims presented in the arbitral proceedings but omitted

from the arbitral award.

13.3 Interest on Arbitration Award

Where the arbitral award is for the payment of money, no interest shall be

payable on whole or any part of the money for any period, till the date on

which the award is made.

13.4 Cost of Conciliation / Arbitration

The fees and other charges of the Conciliator / Arbitrators shall be as per the

scales fixed by the DMRC from time to time irrespective of the fact whether

the Arbitrator(s) is /are appointed by the DMRC or by the Court of Law

unless specifically directed by Hon’ble Court otherwise on the matter, and

shall be shared equally by the DMRC and the licensee. However, the

expenses incurred by each party in connection with the preparation,

presentation will be borne by itself. The latest scale of fee & other charges

fixed by DMRC are as per Schedule-D enclosed.

13.5 Jurisdiction of Courts



Where recourse to a Court is to be made in respect of any matter, the court at

Delhi/New Delhi shall have the exclusive jurisdiction to try all disputes

between the parties.

13.6 Suspension of Work on Account of Arbitration

During the pendency of Arbitration/Conciliation proceedings, the licensee

shall continue to perform and make due payments due to DMRC as per

license agreement.

SCHEDULE D (Part A)

Fee of the External Arbitrators Dealing with Arbitration Cases

S. No. Description Maximum amount payable per External Arbitrator, per case

1. Arbitration Fee Refer section 11(14)- The fourth schedule of “The Arbitration

and Conciliation (Amendment) Act, 2015”

Sum in Dispute* Model Fee

Up to Rs. 5.00 lakh Rs. 45,000

Above 5.00 lakh and

up to Rs. 20.00 lakh

Rs. 45,000 plus 3.5% of the claim

amount over and above Rs. 5.00 lakh

Above Rs. 20.00 lakh

and up to Rs. 1.00

crore

Rs. 97,500 plus 3% of the claim amount

over and above Rs. 20.00 lakh

Above Rs. 1.00 crore

and up to Rs. 10.00

crore

Rs. 3,37,500 plus 1% of the claim

amount over and above Rs. 1.00 crore

Above Rs. 10.00 crore

and up to Rs. 20.00

crore

Rs. 12,37,500 plus 0.75% of the claim


Above 20.00 crore Rs. 19,87,500 plus 0.5% of the claim




with a ceiling of Rs. 30.00 lakh.

* Ceiling limit of Rs. 30.00 lakh is

inclusive of Rs. 19,87,500/-

* Sum in dispute mentioned above shall include any counter

claim made by a party also.

Note

1. In the event, the arbitral tribunal is a sole arbitrator; he/she

shall be entitled to an additional amount of twenty five percent

on the fee payable as above.

2. The fee shall be conveyed to Arbitrator(s) at the time of

issuing the appointment letter.

2. Secretarial Assistance &

incidental charges

(telephone, fax,

postage, etc.

Rs. 20,000/- per case, payable to sole arbitrator or presiding

arbitrator only on behalf of Arbitral Tribunal, in case where

Secretariat Assistant / Personal Assistant is arrange by sole

Arbitrator/Arbitral Tribunal at their own

Or

INR 10,000/- per case, payable to sole Arbitrator or presiding

Arbitrator only on behalf of Arbitral Tribunal, in cases where

Secretariat Assistant/Personal Assistant is provided by DMRC on

the request of sole Arbitrator / Arbitral Tribunal. In such cases,

Secretariat Assistant/Personal Assistant shall be paid @ INR

1000/- per hearing/meeting held in DMRC premises based on

certification by sole Arbitrator or presiding Arbitrator of Arbitral

Tribunal.

3. Other Expenses (actual against bills subjected to the prescribed ceiling) applicable for the

days of hearing only

i) Travelling Expenses Economy Class (by Air), First Class AC (by train) and AC car (by

road)

ii) Lodging and

Boarding

a) Rs. 15,000/- per day (in metro cities)

b) Rs. 7,500/- per day (in other cities)

c) Rs. 3,000/- per day, if any arbitrator makes their own

arrangements

4. Local Travel Charges Rs. 2,000/- per day of hearing / meeting

5. Providing facilities of

hearing rooms, for

arbitration hearings &

secretarial assistance,

Meeting Room shall be provided by DMRC, otherwise 5,000/-

per day of hearing / meeting of Arbitration.



etc.

Note:-

1. The above fee is not applicable to the officers of DMRC on panel.

2. Lodging, boarding and travelling expenses shall be allowed only for those members who are

residing 100 KMS. Away from place of meeting.

3. Delhi, Mumbai, Chennai, Kolkata, Bangalore and Hyderabad shall be considered as metro

cities.

SCHEDULE D (Part B)

Fee of the External Conciliator dealing with Conciliation Cases

S. No. Description Maximum amount payable per External Conciliator, per case

1. Conciliation Fee Rs. 20,000/- per hearing (to be equally shared by both the

parties) subject to a maximum of 4.00 lakh per case

2. Reading charges/studying

of documents

Rs. 20,000/- per case including counter claim, etc.


Incidental Charges

(telephone, fax, postage,

etc.)

Rs. 20,000/- per case

4. Charges for preparing &

issuing of Settlement

Agreement

Rs. 25,000/-

5. Other expenses (actual

against bills subject to the

prescribed ceiling)

applicable for the days of

hearing only



i) Travelling Expenses Economy Class (by Air), First Class AC (by train) and AC Car

(by road)

ii) Lodging and Boarding a) Rs. 15,000/- per day (in metro cities)

b) Rs. 7,500/- per day (in other cities)

c) Rs. 3,000/- per day, if any arbitrator makes their own

arrangements

6. Local Travel Charges Rs. 2,000/- per day of hearing / meeting

7. Providing facilities of

hearing rooms, for

arbitration hearings &

secretarial assistance, etc.

Meeting Room shall be provided by DMRC, otherwise 5,000/-

per day of hearing / meeting of Arbitration.

SCHEDULE D (Part C)

Fee Structure for Departmental (DMRC) Conciliators dealing with Conciliation Cases

S. No. Description Maximum amount payable per Conciliator, per case

1. Conciliator Fee Rs. 5,000/- per sitting (to be equally shared by both parties)

subject to ceiling as prescribed below:

S.

No.

Amount in Dispute (in INR) Ceiling Limit (In

INR)

1. Up to 1 Crore Rs. 25,000/-

2. 1 to 10 crore Rs. 50,000/-

3. Above 10 crore Rs. 75,000/-

Note:

The above fee is for hearings and includes a maximum of 3

internal meetings held at DMRC office by the Conciliators

for finalization of award without the presence of the parties

involved.

2. Reading Charges/Studying

of Documents

Rs. 5,000/- per Conciliator per case including counter claim




Incidental Charges

(telephone, faix, postage,

messenger, etc.)


4. Charges for publishing

settlement agreement


CHAPTER: 14

REPRESENTATIONS AND WARRANTIES

14.1 The Licensee represents and warrants to DMRC that -

a) It is duly organized, validly existing and in good standing under the laws of

India;

b) It has full power and authority to execute, deliver and perform its obligations

under this Agreement and to carry out the transactions contemplated hereby;

c) It has taken all necessary corporate and other action under Applicable Laws and

its constitutional documents to authorize the execution, delivery and

performance of this Agreement;

d) It has the financial standing and capacity to undertake the commercial

utilization of Licensed Bare spaces;

e) This Agreement constitutes its legal, valid and binding obligation enforceable

against it in accordance with the terms hereof;

f) The execution, delivery and performance of this Agreement shall not conflict

with, result in the breach of, constitute a default under or accelerate

performance required by any of the terms of the Licensee Memorandum and

Articles of Association or any Applicable Law or any covenant, agreement,

understanding, decree or order to which the Licensee is a party or by which

Licensee or any of its properties or assets are bound or affected;

g) There are no actions, suits, proceedings or investigations pending or to the

Licensee’s knowledge threatened against the Licensee at law or in equity before

any court or before any other judicial, quasi-judicial or other authority, the

outcome of which may constitute the Licensee Event of Default or which

individually or in the aggregate may result in Material Adverse Effect;



h) It has no knowledge of any violation or default with respect to any order, writ,

injunction or any decree of any court or any legally binding order of any

government authority which may result in Material Adverse Effect;

i) It has complied with all applicable law and has not been subject to any fines,

penalties, injunctive relief or any other civil or criminal liabilities which in the

aggregate have or may have Material Adverse Effect;

j) No representation or warranty by the Licensee contained herein or in any other

document furnished by the Licensee to DMRC or to any government authority

in relation to Applicable Permits contains or shall contain any untrue statement

of material fact or omits or shall omit to state a material fact necessary to make

such representation or warranty not misleading;

k) The Licensee also acknowledges and hereby accepts the risk of inadequacy,

mistake or error in or relating to any of the matters set forth above and hereby

confirms that DMRC shall not be liable for the same in any manner whatsoever

to the Licensee.

l) The Licensee shall make its own arrangements in engagement of its staff and

labour and shall at no point represent to or claim that the staff, labour is being

recruited for and on behalf of DMRC. The Licensee shall at all times comply

and represent to the staff and labour employed/ engaged by them the

requirement for complying with Applicable Laws and applicable Permits,

particularly in relation to safety and environmental regulations.

14.2 Obligation to notify change:

In the event that any of the representations or warranties made given by the

Licensee ceases to be true or stands changed, it shall promptly notify DMRC of the

same.

14.3 DMRC covenants:

a) DMRC covenants and represents that it has good and marketable title to the said

premise, free and clear of all liens, claims, mortgages or deeds of trust affecting

the Licensee’s possession of the Licensed Premises, Licensee’s use of the

premises, or the rights granted to the Licensee hereunder.

b) DMRC covenants and represents that it has full and complete authority to enter

into a license agreement under all terms, conditions and provisions set forth in the

agreement, and so long as the Licensee keeps and substantially performs each

and every term, provision and condition contained in the agreement, the Licensee

shall peacefully and quietly enjoy the premises without hindrance or disturbance

by DMRC or by any other person(s) claiming by, through or under or in trust for

DMRC.

c) On paying the License fee, Licensee hereby reserved and observing &

performing the several covenants and stipulations on its part and the conditions

herein contained, shall peacefully hold and enjoy the Licensed space throughout

the said term without any interruptions by the DMRC or by any person claiming

by, through, under or in trust for DMRC.



d) DMRC shall provide necessary documents pertaining to DMRC properties (as

feasible), if required by Licensee for seeking any permission pertaining to various

activities from any Government Agency.

CHAPTER: 15

MISCELLANEOUS

15.1 All penalty amounts stipulated in the License Agreement shall become double after

completion of every three (3) years from the date of commencement of License

Agreement on rolling basis.

15.2 Licensee shall comply with the laws of land including Delhi Pollution Control Board

guidelines, building guidelines, fire norms etc. DMRC shall not be held liable for any

change/modification in these laws which adversely affect this agreement. Licensee

shall have no right/ claim in this regard, whatsoever the reason may be.

15.3 Licensee shall bear all salaries, wages, bonuses, payroll taxes or accruals including

gratuity, superannuating, pension and provident fund contributions, contributions to

worker’s compensations funds and employees state insurance and other taxes and

charges and all fringe and employee benefits including statutory contributions in

respect of such personnel employed/deployed by the Licensee. These personnel shall

at no point of time be construed to be employees of DMRC and the Licensee shall be

solely responsible for compliance with all labour laws which shall include all

liabilities of the Provident Fund Act, ESI Act, Workmen’s compensation Act,

Minimum Wages Act and other Labour Welfare Act in respect of its personnel. The

Licensee shall indemnify DMRC from any claims that may arise in connection with

above.



15.4 Employees conduct:

The Licensee shall ensure that all persons employed behave in an orderly and

disciplined manner and that the said employees are prohibited from carrying on any

unlawful, unfair activities or demonstrations. The Licensee shall submit the details/

Bio data of personnel to whom it intends to employ/deploy for carrying out the work

of media installation, within 45 days of handing over of the stations. The personnel

deployed shall be decent, courteous and without any adverse or criminal background.

In this connection, Licensee shall be required to furnish declaration to DMRC with

respect to all his personnel deployed. Further within 45 days of issue of LOA,

Licensee shall submit police verification report in respect of all its personnel (to be

deployed for the work of media installation) shall be furnished by the Licensee to

DMRC. All the Licensee’s personnel shall be required to possess ID card issued by

DMRC while working in DMRC’s premises as per prevailing procedure. Access

inside the stations in paid areas shall be through smart cards as per prevailing

applicable charges, in addition to the valid ID cards.

15.5 Signage:

a) The Licensee shall have the right to display signage(s) of suitable size

with prior approval of DMRC for displaying their generic name of each

Space. The signage may be illuminated or non-illuminated at the

Licensee’s option, however it shall need to confirm to all governmental

laws, regulations or ordinance relevant thereto. The Licensee shall need

to obtain a written approval from DMRC before putting up any form of

signage and DMRC reserves the right to refuse or to suggest an

alternation to the same. The size, shape, location, etc. of signage are

subject to architectural controls to be issued by DMRC. However,

separate space for generic signage may be provided at ground level

subject to feasibility.

b) No advertisement in any format shall be permitted in/ in the Licensed

Space.

c) Any violation of above provisions shall attract a penalty of Rs. 5000/- per

signage on the first occasion and Rs.50,000/- per signage on the second

occasion. The persistence violation of these provisions shall constitute

Licensee’s event of default.

15.6 Notices:

DMRC and Licensee voluntarily and unequivocally agrees –

a) That any notice to be served upon DMRC shall be sufficiently served and

given if delivered to-

“General Manager/Property Business,

3rd

Floor, A Wing, Metro Bhawan,




New Delhi-110 001”

b) That any notice which may be required to be served upon the Licensee

shall be served and given if delivery by Registered AD/Speed

Post/Courier at the Address given on the First page of the License

Agreement or delivered in person to the authorized representative of

Licensee.

c) That any notice or correspondence under the terms of this License shall be

in writing by registered post/ Speed Post/ Courier or delivered personally.

All activities including day to day management, billing,

cancellation/termination/surrender etc. shall be carried out from the office

of the General Manager/Property Business or by his duly authorized

representative. All Notice shall be addressed as above:

d) No instruction/ notice of any party if not communicated in writing, shall

be entertained by the other party.



Annexure-1

Detail of Bare Spaces offered for licensing

Schedule-1


Sqm

Location Reserve price

in sqm/month

(INR)

1 Azadpur 104.34 Ground Level (at

different locations) 390


Total 124.48

Schedule-2

S/N Name of Metro

Station

Approxim

ate area

(in sqm)

Location Reserve Price

in(Sqm/Month)

(INR)

1 Kalkaji Mandir (Line-8) 135.50 Interchange area 590

2 Kalkaji Mandir (Line-8) 59.75 Concourse Level 590


Schedule-3

S/N Name of Metro

Station

Approxim

ate area

(in sqm)


(Sqm/Month)(INR)

1 Nehru Enclave 35 Concourse Level 560



Schedule-4

S/N Name of Metro

Station

Approxima

te area (in

sqm)


(Sqm/Month)(INR)

1 Janakpuri West (Line-7) 92.56 Interchange area 900

2 Janakpuri West (Line-7) 62.7 Interchange area 900


Schedule-5

S/N Name of Metro

Station

Approximate

area (in sqm)


(Sqm/Month)(INR)

1 Noida Sector-52

55.04 Concourse Level 700




Schedule-6

S/N Name of Metro

Station

Approximate

area (in sqm)


(Sqm/Month)(INR)

1 Noida Electronic


700



2 Noida Electronic


700


Schedule-7

S/N Name of Metro

Station

Approximate

area (in sqm)


(Sqm/Month)(INR)

1 Raja Nahar Singh

31.50

Lower Concourse

Level 480



Schedule-8

S/N Name of Metro

Station

Approximate

area (in sqm)


(Sqm/Month)(INR)

1 AIIMS

16.72

Lower Concourse

Level 1000

Note-1: Area indicated above is approximate. Actual area measured at the time of

handing over shall be final. If there is any variation in area the License Fee

and other dues shall be charged for actual area handed over.

Note -2: Successful bidder shall be required to execute all developmental works at

their own cost as required for commercial development in the tendered area

where only temporary structure shall be developed as per DMRC

specifications.

Note-3: Aforementioned Bare spaces offered are on license basis and are available on

“as is where is basis”.

Note-4: The Commercial Space(s) can be utilized for any activity except banned list

of usages as given in Annexure-II of Draft License Agreement,

including for Restaurant cum Bar with serving of liquor. Supermarket or

departmental stores where sealed liquor may be sold along with other

departmental store items is allowed but no exclusive display of “sale of

liquor” or advertisement of liquor brand is permitted. However, shops

exclusively selling liquor and/or alcohol based beverages/drinks are not

permitted. The responsibility of taking prior approvals & relevant licenses

from all the relevant legal and statutory authorities as per the applicable laws

of operation of its business shall solely lie with successful bidder.

Furthermore, successful bidder shall also ensure prominent display of

information regarding prohibition of travelling in metro in drunken state.



Annexure-II

LIST OF USAGES BANNED/ NEGATIVE LIST

1. Any product / Service the sale of which is unlawful /illegal or deemed unlawful under

any Indian act or legislation.

2. Any product the storage and sale of which may lead to or be considered as a fire

hazard; such as fire crackers, industrial explosives, chemicals etc.

3. Outlets/Shops exclusively selling liquor & alcohol based beverages or drinks are not

permitted except for Restaurant cum Bar with serving of liquor.

4. Sale of tobacco and tobacco products.

5. ATM’s

6. Coal based cooking strictly prohibited. However, provision of Gas Bank/ PNG is

subject to availability and technical feasibility.

7. Advertisement at any location and in any format.

8. Banqueting and similar activities.



Annexure-III

No. ...................................................... Dt.

__/___/____

Undertaking regarding payments though RTGS/NEFT/ECS mode in PB Agreement

The license agreement between Mr./Mrs./Miss/M/s._________________________ (name of the

Licensee/ company/ party) and DMRC Ltd. executed on Dt.________________.

Lease out No. and Customer ID_________________________ (as mentioned in invoice).

I/We____________________________ (name of the Licensee/ company/ party) have been made to

understand that payments of contract shall be acceptable to M/s DMRC Ltd. in the form of RTGS,

NEFT or IMPS only and I/we______________________ intend to make payments through

RTGS/NEFT/ECS procedures the same shall require prior approval of DMRC as per the terms and

conditions detailed as under:

1. RTGS/NEFT/ECS mode of payments shall require prior approval of DMRC for which Licensee/

party/company must take consent from the property business cell of DMRC Ltd. in the standard

format attached at Annexure–III(1).

2. Once DMRC has given their approval, the party must intimate every time before submission of

any payment through RTGS/ NEFT/ ECS at least seven (7) days prior to due date for making

payment in prescribed format attached at Annexure–III(1). DMRC shall give their consent within

two working days within the receipt of aforesaid intimation for submission of request as per

Annexure–III(2).

3. In case of any delay in receipt of aforesaid intimation mentioned at Pt. No. 2, DMRC reserve the

right for refusal to accept payments through RTGS/ NEFT/ RTGS mode of payments.

4. In event of Licensee/ party/ company‘s non-compliances to the aforesaid requirements. DMRC

shall take action as under:

a.) In the absence of any details from Licensee/ party/ company for consideration of DMRC

amount received from the party shall not be accounted for and party shall continue pay

interest/ penalty on the outstanding as per the provision of contract.

b.) In case of receipt of payment with incomplete details payment received shall be adjusted

/allocated in the following order:

i) All the statutory dues/ Taxes shall be adjusted first.

ii) All payments made by DMRC on behalf of Licensee/ party/ company such as water/

electricity/ maintenance charges/ annual maintenance charges etc. shall be adjusted after

the adjustment statutory dues/ Taxes as mentioned in Pt. No. 4.b.i above.

iii) All previous outstanding dues existing on date of receipt of payment including interest/

penalty imposed.

iv) Sum remaining after adjustments as per items No. (i) to (iii) above shall be adjusted

against lease rent/ space rent/ license fee as per the terms of contract.

v) In case amount received is even shorter than statutory dues, the Licensee shall be liable

to pay all the penalties as declared/ decided by the statutory bodies or as applicable under

the provisions of law. In addition to this, Licensee/ party/ company shall also attract

penalties as per the provisions of license agreements. Repeated violations of aforesaid

instructions shall be treated as non performance/ breach of agreement and under the

provisions of license agreement may attract maximum penalty of termination of license

agreement.



I/We ____________________________(name of the Licensee /company/ party) hereby agree to the

abovementioned procedure / terms and conditions related to submission of payments through

RTGS/NEFT/ECS mode.

Name and designation of authorized

Date: _____/______/________ representative of client / Licensee/ company



Annexure-III (1)

FORMAT FOR INTIMATION FOR DEPOSITION OF PAYMENTS VIA RTGS/NEFT/ECS

IN PD CONTRACTS

1. Name and address of client / Licensee___________________________________________

2. Customer ID ______________________________________________________________

3. Lease out No ______________________________________________________________

4. Invoice No. and Date ________________________________________________________

5. Period of Invoice ___________________________________________________________

6. Head/item wise details of payment to be submitted as described in the invoice

Item No. Description/Head details Period Amount

Gross amount to be deposit

Less statutory deductions such as TDS, VET, S. Tax etc.

Net amount to be deposit

7. TDS registration No. of client/Licensee _________________________________________

8. S. Tax registration No. of client /Licensee _______________________________________

9. D.VAT registration No. of client /Licensee ______________________________________

Note: DMRC’s authorized bank name and account No. to which payments to be made – Union Bank

of India, Branch at F-14/15, Connaught Place, New Delhi-110001, IFSC Code-UBIN-

0530786, MICR Code-11002-6006, Account No. 30780-11100-50003.

Name and designation of authorized representative of client/ Licensee/ company

All clients/ Licensees are directed to give complete compliance to this and ensure to deposit the

details at least seven days before of due date of making payments as mentioned in invoice for

approval of DMRC.

To be filled by DMRC Officials

The aforesaid details is checked and verified by MGR/AM-Property Business and is approved/

disapproved for submission through ECS/RTGS/NEFT, with following observations:

1.___________________________________________________________________________

2.___________________________________________________________________________

3.___________________________________________________________________________

Licensee is hereby directed to submit confirmation of deposition of payment before the due date.

Dated: ____/____/_______ Signature of MGR/AM-Property Business



Annexure-III (2)

FORMAT FOR APPROVAL FOR SUBMISSION OF PAYMENTS VIA RTGS/NEFT/ECS IN

PB CONTRACTS

To,

Delhi Metro Rail Corporation Ltd.

O/o- General Manager/ ______________.

3rd

Floor, Metro Bhawan,

Barakhamba Road,

Delhi – 110001

Sub: Request for approval for submission of payments via RTGS/ NEFT/ ECS in our contract with

DMRC.

Ref: 1.) The license agreement between Mr./Mrs./Miss/M/s._________________________ (name

of the Licensee /company / party) and DMRC Ltd. executed on Dt._________.

2.) Lease out No. and Customer ID_________________________ (as mentioned in invoice).

Sir,

1.) With reference to above mentioned subject matter, it is requested that kindly allow us to

avail the RTGS/NEFT/ECS mode of payment for deposition of payments against

aforementioned license agreement.

2.) That, I/we___________________________________ (Name of Licensee/ authorized

representative of company/ party/ Licensee) have understood the terms and conditions

related to deposition of payments via RTGS/ NEFT/ ECS mode.

3.) That, I/we also voluntarily agree to submit the format for intimation for deposition of

payments via RTGS/NEFT/ECS in PD contracts seven (7) days before due date as

mentioned in invoice or last date for submission of payments as per the terms and

conditions of license agreement every time for approval of DMRC Ltd for making

payments via RTGS/NEFT/ECS mode.

4.) After making payments, I/we shall also undertake to submit the details with payment

confirmation before due date.

5.) I/we also understand that in case of non-compliances, it shall be considered as breach of

agreement and action shall be taken as per the terms and conditions of license agreement.

Thanking you

Name and designation

of authorized representative

of client / Licensee / company

To be filled by DMRC Officials

On the request for the ___________________________________(name of Licensee/ party/

company), they are allowed to deposit the payment via RTGS/ NEFT/ ECS mode in DMRC’s

authorized bank name and account No. to which payments to be made – Union Bank of India,

Branch at F-14/15, Connaught Place, New Delhi-110001, IFSC Code-UBIN-0530786,

MICR Code-11002-6006, Account No. 30780-11100-50003 subject to submission of format

for intimation for deposition of payment via RTGS/NEFT/ECS in PD contracts every time

seven (7) before due date for approval of DMRC Ltd and submission of confirmation of

deposition of payments before the due date.

Dated: ____/____/_______ Signature of MGR/AM-Property Business



Annexure-IV

RULES AND GUIDE LINES FOR RELEASE OF ELECTRIC POWER

1. Electric power required for commercial activity within footprint of metro station is

required to be sourced from existing available source of DMRC at station; availing power

supply from outside agencies in DMRC is not permitted. The disbursement of power at

different stations shall be dealt with individually under separate connections.

2. The power supply connection released for commercial activity shall be from the

available DMRC power network, which is reliable having adequate redundancy. DG supply

will not be made available. The power fed shall be from normal source without backup

network, licensees may however, provide UPS / Inverter at their cost if they so desire.

3. Underground metro stations are already air-conditioned and hence separate AC may

not required. In underground stations, installation of window / split AC generally are not

permitted, in case of A/C requirement tapping of connection from chilled water line shall be

given on chargeable basis subject to availability of spare capacity with DMRC and DMRC

reserve the right for releasing spare chilled water capacity to the licensee. BTU meter will

be provided by licensee for charging the electricity of delivering tonnage to licensee by

applying suitable conversion formula; The work regarding the air-conditioning which

includes tapping the water from the DMRC chilled water pipe line, AHUs, FCUs and other

necessary installation for aircoditioning shall be done by Licensee. Generally the operating

timing of chiller at underground metro station is from 0800 Hrs to 2130 Hrs. However, for

elevated stations licensee may provide AC at his own cost conforming to detailed

specifications attached at Annexure-D.

4. DMRC will attempt to provide electricity at the point nearest to location after getting

application as per Annexure-A; licensee is required to undertake electrical work for

extension of power from nominated source and as per cable layout plan released by

Electrical O&M at the time of load sanction under DMRC supervision and complying all

codal provisions listed DMRC specifications as per Annexure B, & upon payment of

requisite fees of Rs. 10,000/- per feeder (one feeder with energy meter).

5. DMRC provides power supply(Temporary/Permanent) up to leased premises on

chargeable basis. Subject to completion of following work by the Licensee.

Supply and laying of cable including end termination of suitable size (rating suitable

for allowable electric load) with FRLS cable for RC section and LSZH cable for UG

section (from source to nearest point) as per standard specifications.

Supply and fixing of meter box, energy meter with all necessary electrical safety

equipment.

Licensee shall extend power supply from this Meter box at his own cost and work

will be done by electrical contractor having a valid Electrical contractor certificate

issued by Govt. of Delhi and NCR and shall provide installation last report as per

Annexure-B. List of approved makes and specifications to be complied for carrying

out electrical works inside leased premises are mentioned in Annexure-C. Licensee

is also required to comply with necessary provision for fire safety in accordance with

stipulations attached at Annexure-E. The work executed by licensee shall be



inspected by DMRC representative for ensuring compliance of specifications /

stipulations of contract.

6. At the end of the contract (pre-mature surrender/termination, natural completion, etc.)

all cable, energy meter, can be taken back by licensee without damaging any of the

connected DMRC accessories i.e. cable trays, and false ceiling etc.

7. Temporary Power supply for fitment of leased area:

a) If licensee desires they may seek an electrical connection for carrying out fitment of

leased area only for limited period. At the request of licensee, Electrical O&M shall

permit temporary electricity connection for fitment period. The electricity supplied

during the period shall be charged as per the prevalent DISCOM guidelines for

charges pertaining to temporary supply. The arrangement for availing temporary

supply i.e. supply & installation of energy meters, cables, related switchgears etc.(as

per DMRC specification at Annexure C) shall be responsibility of the licensee.

DMRC shall only provide the tapping point from where supply to be extended. In

order to avail the temporary supply the Licensee shall give written request to

Electrical O&M through concerned controlling department. DMRC shall provide a

Temporary Load of minimum 1KVA or up to 2 KVA for every 100 sq meter or

proportionate with respect to of leased area. If the licensee desires to have excess

load than specified above then excess power of 10 KVA may alsobe granted with

the prior approval of Electrical /O&M.

b) If even after the completion of the fitment period if the licensee does not apply for

permanent supply with all the electrical and fire safety compliances then maximum

permissible time of 60 days shall be granted to the licensee on the previously

approved temporary Load. No extra load/Permanent Load shall be granted till all the

safety compliances are complied. After 60 days of the fitment period, PD/PB

department shall ensure that no any commercial activity is further permitted till the

compliances of the electrical and fire safety issues. .

8. Procedure for release of Permanent supply :

The Permanent load shall be supplied normally at the rate of 0.2 KVA/sq. m. of space

licensed out in case of Underground station and 0.5 KVA/ per sq. m in case of elevated

station. The excess power if required may be granted subject to availability of spare load

with DMRC. The load shall be given after ensuring all safety compliance and completion of

electrical and fire safety works as per Annexure- E in leased premises in all respect i.e.

complying to the necessary stipulations as specified in these documents, other relevant

contract documents, applicable standards and ensuring that work executed by licensee is

aesthetically pleasant. Format of application for electric connection and lists of document

required is attached at Annexure-A.

9. TARIFF: Rate of electricity shall be charged from licensee which is applicable for

concerned DISCOM from where DMRC is sourcing power.



Annexure-4A

Format of Application for Power Supply

Name and Address of Licensee:-

S.

No. Items Details Remarks

1 Station Name

2 Reference to allotment letter (Copy to be attached)

3 Load Requirement

4 Details of submission of Advance Consumption Deposited as per

load

5 Details of Cable installed along with earthing (Make and rating)

Attach cable test report

6 Details of MCCB/MCB installed (make and rating)

7 Details of ELCB installed ( make and rating)

8 Details of MDI / TOD Energy meter installed (Make and rating)

9 Attach Original Meter Test Report Yes /NO

10 Energy Meter Sealed, if Yes Meter Seal No.

11 Please confirm whether lockable meter box with earthing has been

provided and sealed by DMRC representative.

Yes /NO

12 Attach Cable layout plan (released by Electrical O&M) Yes /NO

13 Attach Electrical Declaration on Rs.100/- Non-judicial Stamp paper

As per Annexure - F or G.

Yes /NO

14 Please confirm whether fire extinguisher have been provided with

make & specification

15 All debris, waste material have been removed from installation Yes /NO

Procedure

1. After ensuring completion of all electrical works as per stipulations and compliance of

all safety requirements i.e. Fire safety, clearance by local fire service etc. Licensee

shall apply for permanent connection to concerned PD / PB department in above form.

2. Electrical Department shall carry out inspection as per prescribed Performa at site and

if found complied, permanent electric connection shall be released. Fire compliance

depends on the size of PB/PD property premises, so detailed Fire inspection Performa

is placed at Table-2 (Annexure-A).

3. Before execution of electrical work, licensee shall get inspected it's all material form

E&M supervisor and licensee shall submit all corroborated documents regarding

specifications as mentioned in Annexure-A.



Annexure-4B

Electrical Installation Test Report

S.N. Description Details

1 Name & Address of the Licensee

2 Location

3 Shop / Unipay Payment (Kiosk)

Machine / Stall No.

4 Connected Load

5 Energy Meter S. No. & Make

(Manufacturer’s test report is to be

enclosed)

It is certified that all the electrical work at above installation have been carried out in

compliance to the IE rules, IE acts adhering to the safety norms, rules and regulations of

DMRC & that of any other statutory body. All men and material and temporary earthing

have been removed from our end & the installation is fit for energization.

I shall be responsible on behalf of Licensee for non-compliance of any of the above. Copy

of my valid Govt. electrical contractor license is attached.

Seal & Signature of the Licensee Seal & Signature of Electrical Contractor

(Holding Valid Govt. License)



Annexure-4C

SPECIFICATIONS FOR ELECTRICAL WORKS

1. Licensee is required to obtain prior approval of DMRC before carried out any work

pertain to electrical & fire. The work is required to be executed as per IE rules and

through a licensed Sub Contractor. All costs associated with provision electric till be

borne solely by the licensee. The licensee hereby voluntarily and unequivocally

agrees not to seek any claim, damages, compensation or any other consideration

whatsoever on account of time and cost associated in making provision of electricity.

2. For Elevated station load up to 10 KVA shall given in single phase & in case of

underground stations load upto 5KVA shall be given in single phase. Load above this

it shall only be given in three phase. License is required to balance load at his end so

that no unbalancing occurs at DMRC end.

3. Cables upto 6 Sq.mm. will be of copper conductor and above 6 Sq.mm. Aluminum

conductor may be used. However in case of underground station use of Aluminum

conductor cable is not allowed. Cables for single phase shall be three core, with one

core as earth for the single phase, both for elevated and underground section of

DMRC. For three phase load four core cable along with separate 2 nos. of 8 SWG GI

wires shall be used for earthing. For underground stations 2 separate earth wire of 8

SWG copper conductor shall be used.

4. For, elevated stations all wires shall be FRLS. Cables shall be armored, XLPE,

FRLS. In case of Underground, stations all wires and cables shall be armored XLPE,

FRLSZH and conform to NFPA-70, and BS-6724 standard.

5. The meter along with MCB-& ELCB box will be metallic and without any holes.

DPMCB & ELCB is required for single phase supply. TPN MCB and ELCB is

required in case of three phase. ELCB, cables, MCB rating for main connection shall

be as per table-1

6. Use of any PVC material is not permitted in the underground stations.

7. Licensee will provide a separate protection for their electric requirement with proper

discrimination with upstream breaker.

8. All materials specification must follow standards, codes and specification as

specified in Annexure-C, Table-I Annexure -C/I.

9. In case, the licensee draws power more than the sanctioned load, electricity

connection may be disconnected. The electricity connection will be restored on first

occasion only when licensee pays necessary penalty as per DERC norms and

removes excess load. On the subsequent occasion, DMRC reserves the rights to

revoke the license and forfeited the interest free security deposit.

10. Only Galvanized Cable tray, Conduit, Cable Ladder shall be allowed.

11. Internal wiring of luminaries (Light Fittings) and Signage in signage's panel shall

also be FRLSZH in case of UG stations.

12. All Plastic accessories used in luminaries shall be non-flammable material, meeting

all the NFPA requirements, preferable by UV and shall be suitable for application at

UG station conforming to UL - 94 standards on flammability of material.



Table: 1 -- Rating of Electric Items

Power

Requirement

(KVA)

Rating of

MCB

(A, 10kA)

Rating of

ELCB

(A, mA)

Cable Size (Sq.mm.)

DB to Licensee premises E

LE

VA

TE

D S

TA

TIO

NS

0 - 0.1 0.5 16, 30 3 Core x 1.5

3 core Aluminum

Conductor

0.1 - 0.2 1 16, 30 3 Core x 1.5

0.2 - 0.5 2 16, 30 3 Core x 1.5

0.5 - 0.7 3 16, 30 3 Core x 1.5

0.7 - 0.9 4 16, 30 3 Core x 1.5

0.9 - 1.2 5 16, 30 3 Core x 1.5

1.2 - 1.4 6 16, 30 3 Core x 1.5

1.4 - 2.3 10 16, 30 3 Core x 2.5

2.3 - 3.7 16 16, 30 3 Core x 4

3.7 - 4.6 20 25, 30 3 Core x 4

4.6 - 7.4 32 32, 30 3 Core x 6

7.4 - 9.2 40 40, 30 3 Core x 10

9.2 - 10.0 50 63, 30 3 Core x 16

UN

DE

R G

RO

UN

D S

TA

TIO

NS

0 - 0.1 0.5 16, 30 3 Core x 4 Sq. mm Copper Conductor

(for single phase)

0.1 - 0.2 1 16, 30 3 Core x 4 Sq. mm Copper Conductor

(for single phase)


(for single phase)


(for single phase)


(for three phase)


(for three phase)


(for three phase)


(for three phase)


(for three phase)


(for three phase)


(for three phase)



S N CHECK POINT REMARKS

1 Provision of fire extinguishers

a Up to 10 m2

: One ABC 2 Kg fire extinguishers m

bAbove 10 m

2 and below 50 m

2 : One ABC 4 Kg fire

extinguisher

cAbove 50 m

2 and below 100 m

2 : One ABC 4 Kg

fire extinguisher and one 9 ltr water type

1 Provision of fire extinguishers

a Up to 10 m2

: One ABC 2 Kg fire extinguishers

bAbove 10 m

2 and below 50 m

2 : One ABC 4 Kg fire

extinguisher

c

Above 50 m2

and below 100 m2

: One ABC 4 Kg

fire extinguisher and one 9 ltr water type

extinguisher

d

Above 100 m2

and below 250 m2

: Atleast two ABC

4 Kg fire extinguisher and two 9 ltr water type

extinguisher

2 Provision of smoke detector

a At true ceiling level provided by DMRC

bBelow false ceiling provided by licensee and

connected with station FACP

c Smoke detector/s available in each room

3 Provision of sprinklers

a At true ceiling level provided by DMRC

bBelow false ceiling provided by licensee and

connected with station sprinkler line

c Sprinkler/s available in each room

1 Any unsafe electrical works?

2

Other applicable fire prevention, life safety and fire

protection measures with respect to occupancy class

is implemented ?

3 Is good house-keepping practice follwowed ?

Licensee : ____________________Department : Fire Wing Department : PD / PB

Table: 2 Fire Safety measures

Licensee Details:

Sign : ____________________

Name : ____________________

Emp ID : ____________________

DMRC Inspecting Officials Details:

Sign : ____________________ Sign : _______________

Name : ____________________ Name : ______________

Emp ID : ____________________ Emp ID : _____________

OBSERVATION

OTHER CHECK POINTS

Note:For bigger commercial spaces, i.e. More than 250 m2

area, joint inspection will be conducted on the basis state fire service's issued

directives and approved plan for execution by licensee.

FIRE SAFETY INSPECTION CHECK-SHEET

[ For Kiosk / Shops area up to 250 m2

inside station building ]

PD/PB Licensee: ____________________Floor Area _______ Floors : ______ Station: _________

Line: ______ Date: ________________

KIOSKS (up to 100 m2 area)

SHOPS (up to 250 m2 area as integrated design part of metro station)



Annexure-4C/I

List of Approved Makes

S.

No. Item Approved Makes

1. GI Conduit Pipes

BEC, AKG, NIC, Steel Craft -- ISI Marked or any

reputed make with prior approval of E&M department of

DMRC.

2. GI Conduit Accessories Confirming to BIS as per approved samples

3. Copper Conductor

FRLS , PVC insulated

wires (IS: 7098)

National, Ecko, Cords Cables, Finolex, Havells,

Grandly, NICCO, Asian, Poly Cab or any reputed make

with prior approval of E&M department of DMRC.

4. Copper Conductor

FRLSZH , insulated

wires (BS-6724)

Polycab, Ducab Dubai, Cords Cables, KEI or any reputed

make with prior approval of E&M department of DMRC.

5. FRLS Cables (IS: 7098) Fort Gloster, NICCO, Cords Cables, Finolex,

Asian/RPG, KEI, Havells, Polycab, CCI, Universal or

any reputed make with prior approval of E&M

department of DMRC.

6. FRLSZH , XLPE Cables

(BS-6724)

Polycab, Ducab Dubai, Cords Cables, KEI or any reputed


7. Switches & Socket

outlets

Crabtree, Anchor, MDS, LK (Schneider) or any reputed


8. MCB, RCCB (ELCB) L&T Hager, MDS, Siemens, GE, Merlin-Gerin, ABB,

Schneider or any reputed make with prior approval of

E&M department of DMRC.

9. Distribution Boards L&T Hager, MDS, Siemens, ABB, INDO, ASIAN,

Havells, GE, Schneider or any reputed make with prior

approval of E&M department of DMRC

10. Energy Meters with

MDI/TOD (pre-paid)

L&T, Secure, Ducati or any reputed make with prior

approval of E&M department of DMRC.

11. Luminaries (only LED

Lights use)

Philips / Schrader / Osram / Bajaj / Thorn / Crompton or

similar with the prior approval of E&M department of

DMRC.

Note: - DMRC reserve the right to set tested all material from any govt. lab and licensee shall be bear

cost of third party testing.

Licensee is required to use only approved make as mentioned above. However in case of any

difficulty for procurement of cable of above make, Licensee shall submit detailed catalogue,

technical specification, test reports of alternate make for approval to Electrical O&M HOD,

only after its approval the alternate makes shall be allowed.



Annexure-4D

SPECIFICATION OF AIR CONDITIONER

Split type air conditioners conforming to IS:1391(Part-2)-1992 with amendment No.1 fitted

with hermetically sealed air compressor operating on refrigerant R-22 suitable for wall

mounting and conforming to following specifications. Spit AC shall be preferably five star

rated. Approved names are Hitachi / O-general / Daikin / Carrier.

General Technical Requirements:-

1. Air conditioners shall be suitable for 230V, 50 Hz single phase AC supply, capable

of performing the functions as Cooling, Dehumidifying, Air circulating and Filtering.

2. The air conditioners shall be fitted with hermetically sealed type suction cooled

reciprocating or discharge cooled rotary compressor (as applicable), compressor unit

operating on Refrigerant R-22 with suitable rated capacitor start electric motor. It

shall be equipped with overload protection. These shall be mounted on resilient

mountings for quiet operation. The compressor shall conform to IS: 10617 part (1)-

1983 (amendment 1 & 2). Rotary compressor shall be covered by manufacturers test

certificate.

3. The air conditioners shall be complete with automatic temperature control and cut -

in and cut out etc. for temperature range 16 degrees to 30 deg. C. The differential of

the thermostat for cut-in and cut-out shall not be greater than +/- 1.75 deg. C. The Air

conditioners may either be provided with adjustable step-less type mechanical

thermostat or electronic thermostat as per IS: 11338:1985.

4. The filter pads provided shall be washable.

5. The cabinet of the evaporator unit and condensing unit shall be made from

galvanized steel sheet of 1.0mm thick with galvanized coating thickness of 120 gm /

sq. mtr and shall be provided with stiffness for robust construction and shall have

rounded corners, steel parts/front panel etc. shall have stove-enameled finish

preceded by undercoat of anti-corrosive primer paint phosphating and through

cleaning-of the surface. Alternate methods of corrosion protection like plastic powder

coating, electrostatic painting are-also acceptable in lieu of stove enameled finish.

6. Overall power factor of the unit shall be at least 0.85 at capacity rating test -

conditions.

7. Maximum power consumption of the split air conditioners shall be at capacity rating

test conditions.

8. Galvanized sheet shall conform to IS:277/2003.

9. Standard evaluation of cooling capacity shall be done by connecting indoor and

outdoor units with piping of 5 mtrs. length with six bends of standard radius.

Connecting copper tubing shall have dimensions suitable for the compressors offered

with model.

10. Refrigerant used shall be Freon-22.

11. Inbuilt protection in IDU against electrical faults shall be provided. Compressor

current shall not flow through Indoor units.

12. The indoor units made of ABS/HIPS shall be of flame retardant and impact resistant

life. ABS/HIPS indoor unit cabinet shall pass inflammability test— requirement for

Grade V 0 as per UL-94. For impact resistance the unit duly packed, when dropped

from a height of 1 Mtr. shall show no damage.

13. Display shall be LED/LCD and provided on indoor unit or on Handset or on both.

These displays shall be selectable.

14. Remote control (Cordless) shall be provided with one On/Off timer, selecting Fan

speed (Three speeds) and setting up of-temperature.

15. Installation of pipes, Insulation and cables beyond 6Mtrs, if required:



i) Suction line copper pipe of 0.70mm thickness.

ii) Liquid line copper pipe of 0.70mm thickness.

iii) Expanded polyethylene foam or other suitable insulation tubing for suction line

copper pipe.

iv) Drain pipe (15mm dia flexible PVC pipe).

v) Suitable capacity 2 core PVC insulated copper wire 2.5mm to electrically connect

'both the units with each other.

16. Installation: Location of ODU is to be finalized after approval from DMRC. The

installation at site shall comprise the following work:

(i) Mounting/Fitting indoor & outdoor units at the respective locations.

(ii) Laying refrigerant—piping and connecting both the units after drilling hole/holes

in the wall, if required. The thickness of the copper tubing shall not be less than

0.70mm.

(iii) Insulating the suction pipe with expanded polyethylene foam 5mm tubing or

other suitable.

(iv) Laying 15mm drain pipe to throw out the condensate water being formed in the

indoor unit and connecting it to station drain.

(v) Leak testing the entire system.

(vi) Charging Refrigerant-gas in the unit.

(vii) Suitable electric wiring between indoor and outdoor, upto switch AT location of

indoor unit. Switch/Soc.ket/Plug are also included.



Annexure-4E

Fire Safety Requirements

Kiosks: This category includes ATMs, Retails Outlet provided as bare space for a maximum

area of 100 Sq m. Under this category, only fire Extinguishers are required is detailed in

below in Table--1

TYPE & SPECIFICATAION: BIS approved stored pressure extinguisher as per IS

15682:2006 and of type ‘A’, ‘BC’ or ‘ABC’ conforming to risk protection as per IS

2190:1992. (Kg and Liters can be converted in same ratio i. e. 5Kg = 9 Liters)

Extinguishing medium inside extinguishers must be of their respective approved IS

specification and of capacity:-

AREA

Up to 10 Sq. m. Above 10Sq. m. and

below 50 Sq. m.

Above 50 Sq. m. and below 100

Sq. m.

One Fire Extinguisher of 2

KG capacity

One Fire extinguisher of

4 KG capacity

Two Fire extinguishers, one of 5

KG and another of 9 Liters

Water Type

The existing shops up to an area of 250 Sq. m. are integrated design part of a Metro Station.

In addition to other Fire Safety measures each shop is to be provided with Fire Extinguisher

as per Table-2.

For Shops of area above 100 Sq. m. and less than 250 Sq. m., fire Extinguishers of capacity

10 KG and another of 18 Liters Water, these should be distributed in at least four units at

two places remote to each other.

For bigger spaces, Licensee is required to obtain details of recommended suppression and

detection system from DMRC in the beginning.



Annexure-4F

Declaration

[For Elevated Stations - On Non Judicial Stamp Paper of Rs. 100/-] (Duly notarized)

I__________________________, son/daughter/wife of ______________________ Resident

of _____________________________ (hereinafter referred to as the “Bidder”, which term

shall mean and include executors, administrators, heirs, successors and assigns), do hereby

swear and declare as under:

OR

________________________ , a company incorporated under the provision of the

Companies Act 1956, a sole proprietorship, a partnership having its registered office at

________________________________(hereinafter referred as “Bidder”, which expression

shall unless repugnant to the context or meaning thereof, include its successors and assigns),

do hereby swear and declare as under:

That the Bidder is an occupant of the premises no.______________ at _______________

having taken the premises from DMRC on the terms and conditions agreed to with DMRC

which include that DMRC may supply electricity as a part of the lease or license of the

premises, based on the commercial arrangement.

The Bidder has requested the DMRC to provide an electricity connection at the above-

mentioned premises in the Bidder’s name for the purpose mentioned in the application form.

The Bidder hereby agrees and undertakes:

1. That the Bidder desires to have and agrees with DMRC to take supply of energy for the

above mentioned purpose, for a period of not less than two years from the date of

commencement of supply and to pay for the energy so supplied and all other charges at

the rates set out in the concerned State Electricity Regulatory Commission’s Tariff

Schedule and the miscellaneous charges for supply as may be in force from time to

time, including advance Consumption Deposit etc.

2. That the Bidder shall have no objection for the DISCOMs to carry out Inspections of

the Bidders’ Meters &Equipments& Any Observation made by such Agencies, Which

are acceptable to DMRC, shall be binding on the Bidder for Attention/Compliance.

3. That DMRC shall be entitled to disconnect the supply of energy by issuing a

disconnection notice in writing, to the Bidder, if the Bidder is in default of payment of

the due charges.

4. That the Bidder shall pay the full amount mentioned in the Monthly/Bi-monthly

Consumption Bill as raised by DMRC before the last date mentioned in such

Monthly./Bi-monthly Bill. Licensee shall provide Test Report/Calibration report in

regard to Energy Meter installed. DMRC may ask Licensee to recalibrate the Energy

Meter whenever considered necessary.

5. That all or any taxes/duties, as may be levied on the supply of electricity to the Bidder

by DMRC, shall be paid and borne by the Bidder.

6. That the Bidder agrees that DMRC would accept an application from the Bidder for

reduction in load only after two years from the original sanction. All applications for

load enhancement by the Bidder would be dealt with by DMRC as a new connection

and DMRC would follow the procedure as in the case of a new connection.



7. That DMRC shall have the right to recover the fixed charges due as per applicable

tariff for the remaining contracted period in case the contract is terminated prior to the

expiry of the contracted period.

8. That all the electrical work done within the Bidder’s premises including wiring, power

outlets and gadgets are used and maintained properly for guarding against short

circuits/fires and are as per the Indian Electricity Rule, 1956 and other applicable laws,

statutory provisions and standards in force at the time, and indemnify DMRC against

any loss accrued to the Bidder on this account. Further, the Bidder agrees that if there

is any harm/loss to the property of DMRC or to any other third party due to fault in the

electrical work, outlets or apparatus within the premises of the Bidder, all the loss shall

be borne by the Bidder.

9. To pay DMRC all costs and expenses that DMRC may incur by reason of a fresh

service connection being given to the Bidder.

10. To indemnify DMRC against all proceedings, claims, demands, costs, damages and

expenses that DMRC may incur by reason of a fresh service connection given to the

Bidder.

11. To be bound by DMRC’s conditions of supply, and all applicable acts and rules.

12. That DMRC shall not be responsible for any interruption/diminution of supply.

13. Others :

13.1 Licensee shall have to provide a Low voltage switch-board with MCBs&

ELCB’s of required capacity with Electronics Static Energy Meters having

provision of MDI, TOD etc. of required capacity at his cost conforming to

relevant BIS standards and of approved make along with test certificate shall be

arranged by the Bidder. The meter shall sealed by DMRC, either within the

premises of the Bidder or at a common meter room/board. Bidder shall not

tamper with or disturb the meter in any manner whatsoever, and shall be

responsible for its safety (if installed within his premises).

13.2 DMRC shall provide supply, if available, at one fixed point as per DMRC plan.

All cabling work to tap off the supply from the fixed point and to avail it within

his premises shall be done by the Bidder.

13.3 Only FRLS/FRLSZH (as applicable) cable of required size shall be used for

tapping off supply from DMRC fixed supply to Licensee premises in rigid GI

Conduit pipe.

13.4 Licensee shall also do wiring within his shop/stall by using GI conduit or fire

resistance PVC casing/caping. The Licensee shall use FRLS/FRLSZH

copper/aluminum wire of the required size (the wiring scheme, the type of

wiring, size of wires, various loads, plug point, light fan etc. shall be as per

DMRC’s approval).

13.5 DMRC shall provide Power Supply of single phase, 230V, 50Hz for a max.

connected load up to 10kW, Electrical load requirement exceeding 10 KW shall

be given on 3-phase, 415V, 50Hz subject to availability.

13.6 Licensee shall be given only normal power supply available in station premises.

Licensee may use suitable voltage stabilizers and power factor correction

equipment as per his requirement. DMRC shall not be providing any standby

power supply from station DG set or UPS.



13.7 Licensee shall not be permitted to use any standby Diesel Generator Sets.

Licensee shall only be the permitted to use standby UPS/Inverter system shall

also be taken as a part of total connected load.

13.8 The Total Demand Load& Total Connected load shall be treated as same.

Licensee shall have to pay applicable demand charges as per the Total

Connected Load Only.

13.9 Licensee shall use Energy efficient lighting& shall provide proper Lighting

fixtures, Lamps, Electronic Ballast etc. Licensee shall provide uniform & good

illumination level not less than 100 Lux in any case.

13.10 Licensee shall use reputed Brand/make Electrical wiring and switch gear items.

The Electrical Contractor/agency at Licensee’s cost shall carry the entire work.

DMRC’s representative may inspect and supervise the work.

13.11 Licensee shall provide proper Earthing connection as per the applicable

standards and shall terminate the same to the DMRC’s Distribution Board or to

any other place as directed by the DMRC. Installation Test Report issued by

licensed electrical wiring contractor in the prescribed format (available with the

application form) and countersigned by the Bidder shall be submitted by the

Licensee. Every shop/ property Development area must have enough Fire

Extinguishers as stipulated.

13.12 Licensee shall not be allowed to provide Room Heating appliance of any kind.

13.13 The power shall be supplied normally at the rate of 0.5 KVA/Sq.Mtr. of space

licensed out. Minimum load to be given shall be 1 KVA on which the demand

charges as applicable shall be paid by the Licensee. Additional power up to 10

KVA on single phase and thereafter on three phase system if required by the

Licensee shall be supplied subject to availability at an additional cost and

conditions to be stipulated by DMRC.

13.14 In case, Licensee draws power more than the connected load, his electricity

connection shall be disconnected. The electricity connection shall be provided

back on first occasion only when Licensee pays necessary penalty as per State

ERC norms and removes excess load. On the subsequent occasion, DMRC

reserves the right to revoke the license and forfeit the interest free security

deposit after adjustment of all dues what so ever.

13.15 In case, the Licensee is found misusing Electricity or tampering with the

Energy meter, suitable action shall be taken to respective State Electricity Act.

14. That the Bidder shall have no objection at any time to the rights of DMRC to supply

energy to any other consumer from the service line or apparatus installed on the

Bidder’s premises.

15. That the supply shall be used for the purpose that it has been sanctioned by DMRC and

shall not be misused in any way to serve any other purposes.

16. That the supply shall not be extended/ sublet to any other premises.

17. That the Bidder’s industry/trade has not been declared to be obnoxious,

hazardous/pollutant by any Government agency and that no court orders are being

infringed by grant of applied electricity connection at the Bidder’s premises.

18. That DMRC shall be at liberty to adjust the electricity consumption charges along with

any other charges against the consumption deposit paid by the Bidder, in the event of



termination of the agreement prior to the expiry of the contracted period or in case of

any contractual default.

19. That DMRC shall be at liberty to transfer the dues remaining unpaid by the Bidder,

after adjusting the advance consumption deposit, to other service connections(s) that

may stand in the Bidder’s name.

20. To allow clear and unencumbered access to the meters for the purpose of meter

reading, maintenance, inspection, checking, testing etc.

21. That DMRC shall be entitled to disconnect the service connection under reference in

the event of any default and /or non-compliance of statutory requirements and/or in

consequence of legally binding order by statutory authority(ies)/court of Law, without

prejudice to the DMRC’s rights to exercise its rights under law including that of

getting its due payments as on the date of connection. The Bidder undertakes to pay

penalty imposed by DMRC on its own discretion for the damages caused to the leased

property on account of any default or non-compliance of any statutory requirements.

22. That all details furnished in this Requisition form are true to the Bidder’s knowledge.

If any information is found incorrect at a later date, the company shall have the right to

withhold/disconnect supply, as the case may be, and forfeit the advance consumption

deposit.

23. The Bidder acknowledges and accepts that the relationship of the Bidder with DMRC

is not that of a consumer and a Licensee but that of a commercial arrangement where

the Bidder has taken on lease/license premises of DMRC and the Electricity

connection is being provided as a part of the above arrangement.

The Bidder further agrees that this declaration given by him shall be construed as an

agreement with the DMRC to the above effect.

Date:

Place: Signature of Bidder

(Full name)

Signed and delivered in the presence of:

Witness 1 Witness 2

Signature__________________________

Full Name__________________________

Complete Address ___________________

Phone No.__________________________

Signature____________________________

Full Name___________________________

Complete Address____________________

Phone No.___________________________

List of Documents to be submitted along with Declaration

1. Installation Test Report issued by licensed electrical wiring contractor in the prescribed

format (available with the application form) and countersigned by the Bidder.

2. Proof of allotment of the space/area leased out by DMRC in the form of the following:

Allotment/possession letters, Lease deed

General Power of Attorney together with proof of ownership of the executor.

{Applicable in case of company}



Annexure-4G

DECLARATION

[For Under Ground Stations - On Non judicial stamp paper of Rs. 100/-] (Duly

notarized)

I____________________, son/daughter/wife of ____________________ Resident of

_____________________________ (hereinafter referred to as the “Bidder”, which term

shall mean and include executors, administrators, heirs, successors and assigns), do hereby

swear and declare as under:

OR

________________________ , a company incorporated under the provision of the

Companies Act 1956, a sole proprietorship, a partnership having its registered office at

________________________________(hereinafter referred as “Bidder”, which expression

shall unless repugnant to the context or meaning thereof, include its successors and assigns),

do hereby swear and declare as under:

That the Bidder is an occupant of the premises no.______________ at _______________

having taken the premises from DMRC on the terms and conditions agreed to with DMRC

which include that DMRC may supply electricity as a part of the lease or license of the

premises, based on the commercial arrangement.

The Bidder has requested the DMRC to provide an electricity connection at the above-

mentioned premises in the Bidder’s name for the purpose mentioned in the application form.

The Bidder hereby agrees and undertakes:

1. That the Bidder desires to have and agrees with DMRC to take supply of energy for the

above mentioned purpose, for a period of not less than two years from the date of

commencement of supply and to pay for the energy so supplied and all other charges at

the rates set out in the concerned State Electricity Regulatory Commission’s Tariff

Schedule and the miscellaneous charges for supply as may be in force from time to

time, including advance Consumption Deposit etc.

2. That the Bidder shall have no objection for the DISCOMs to carry out Inspections of

the Bidders’ Meters &Equipments& Any Observation made by such Agencies, Which

are acceptable to DMRC, shall be binding on the Bidder for Attention/Compliance.

3. That DMRC shall be entitled to disconnect the supply of energy by issuing a

disconnection notice in writing, to the Bidder, if the Bidder is in default of payment of

the due charges.

4. That the Bidder shall pay the full amount mentioned in the Monthly/Bi-monthly

Consumption Bill as raised by DMRC before the last date mentioned in such

Monthly./Bi-monthly Bill. Licensee shall provide Test Report/Calibration report in

regard to Energy Meter installed. DMRC may ask Licensee to recalibrate the Energy

Meter whenever considered necessary.

5. That all or any taxes/duties, as may be levied on the supply of electricity to the Bidder

by DMRC, shall be paid and borne by the Bidder.

6. That the Bidder agrees that DMRC would accept an application from the Bidder for

reduction in load only after two years from the original sanction. All applications for

load enhancement by the Bidder would be dealt with by DMRC as a new connection

and DMRC would follow the procedure as in the case of a new connection.



7. That DMRC shall have the right to recover the fixed charges due as per applicable

tariff for the remaining contracted period in case the contract is terminated prior to the

expiry of the contracted period.

8. That all the electrical work done within the Bidder’s premises including wiring, power

outlets and gadgets are used and maintained properly for guarding against short

circuits/fires and are as per the Indian Electricity Rule, 1956 and other applicable laws,

statutory provisions and standards in force at the time, and indemnify DMRC against

any loss accrued to the Bidder on this account. Further, the Bidder agrees that if there

is any harm/loss to the property of DMRC or to any other third party due to fault in the

electrical work, outlets or apparatus within the premises of the Bidder, all the loss shall

be borne by the Bidder.

9. To pay DMRC all costs and expenses that DMRC may incur by reason of a fresh

service connection being given to the Bidder.

10. To indemnify DMRC against all proceedings, claims, demands, costs, damages and

expenses that DMRC may incur by reason of a fresh service connection given to the

bidder.

11. To be bound by DMRC’s conditions of supply, and all applicable acts and rules.

12. That DMRC shall not be responsible for any interruption/diminution of supply.

13. Others

13.1 From the DMRC DB to main MCB / MCB of shops only XLPE insulated armored

copper conductor FRLS/ LSZH (as applicable) cables shall be used. Licensee shall

have to provide a Low voltage switch-board with MCBs& ELCB’s of required

capacity with Electronics Static Energy Meters having provision of MDI, TOD

etc. of required capacity at his cost conforming to relevant BIS standards and of

approved make along with test certificate shall be arranged by the Bidder. The

meter shall be installed and sealed by DMRC, either within the premises of the

Bidder or at a common meter room/board (Common meter room is locked & key,

access is not permitted to licensee). Bidder shall not tamper with or disturb the

meter in any manner whatsoever, and shall be responsible for its safety.

13.2 DMRC shall provide supply, if available, at one fixed point as per DMRC plan.

All cabling work to tap off the supply from the fixed point and to avail it within

his premises shall be done by the Bidder. Approval shall be taken from DMRC

O&M wing. The Licensee hereby voluntarily and unequivocally agrees not to

seek any claim, damage, compensating or any other consideration what so ever on

account of time and cost associated in making provision of electricity.

13.3 That the use of any PVC material is not permitted in the underground stations.

13.4 Licensee shall also do wiring within his shop/stall/KIOSK by using GI conduit.

The Licensee shall use FRZHLS copper wire of the required size (the wiring

scheme, the type of wiring, size of wires, various loads, plug point, light, fan etc.

shall be as per DMRC’s approval).

13.5 DMRC shall provide Power Supply of single phase, 230V, 50Hz for a max.

connected load up to 10 KW, Electrical load requirement exceeding 10 KW shall

be given on 3-phase, 415V, 50Hz subject to availability.

13.6 Licensee shall be given only normal power supply available in station premises.

Licensee may use suitable voltage stabilizers and power factor correction

equipment as per his requirement. DMRC shall not be providing any standby

power supply from station DG set or UPS.



13.7 Licensee shall not be permitted to use any standby Diesel Generator Sets. Licensee

shall only be the permitted to use standby UPS/Inverter System with maintenance

free battery. The Load of such standby UPS/Inverter system shall also be taken as

a part of total connected load.

13.8 The Total Demand Load & Total Connected load shall be treated as same.

Licensee shall have to pay applicable demand charges as per the Total Connected

load only.

13.9 Licensee shall use Energy efficient lighting & shall provide proper Lighting

fixtures, Lamps, Electronic Ballast etc. Licensee shall provide uniform & good

illumination level not less than 100 Lux in any case.

13.10 Licensee shall provide proper Earthing connection as per the applicable standards

and shall terminate the same to the DMRC’s Distribution Board or to any other

place as directed by the DMRC. Installation Test Report issued by licensed

electrical wiring contractor in the prescribed format (available with the application

form) and countersigned by the Bidder shall be submitted by the Licensee.

13.11 Fire Extinguisher: Every shop/ property Development area must have enough Fire

Extinguishers as stipulated.

13.12 Licensee shall not be allowed to provide Room Heating appliance of any kind.

13.13 The power shall be supplied normally at the rate of 0.2 KVA/sq. m. of space

licensed out. Minimum load to be given shall be 1 KVA on which the demand

charges as applicable shall be paid by the Licensee. Additional power up to 5

KVA on single phase and thereafter on three phase system if required by the

Licensee shall be supplied subject to availability at an additional cost and

conditions to be stipulated by DMRC.

13.14 In case, Licensee draws power more than the connected load, his electricity

connection shall be disconnected. The electricity connection shall be provided

back on first occasion only when Licensee pays necessary penalty as per State

ERC norms and removes excess load. On the subsequent occasion, DMRC

reserves the right to revoke the license and forfeit the interest free security deposit

after adjustment of all dues what so ever.

13.15 In case, the Licensee is found misusing Electricity or tampering with the Energy

meter, suitable action shall be taken to respective State Electricity Act.

14. That the Bidder shall have no objection at any time to the rights of DMRC to supply

energy to any other consumer from the service line or apparatus installed on the

Bidder’s premises.

15. That the supply shall be used for the purpose that it has been sanctioned by DMRC and

shall not be misused in any way to serve any other purpose.

16. That the supply shall not be extended/sublet to any other premises.

17. That the Bidder’s industry/trade has not been declared to be obnoxious,

hazardous/pollutant by any Government agency and that no court orders are being

infringed by grant of applied electricity connection at the Bidder’s premises.

18. That DMRC shall be at liberty to adjust the electricity consumption charges along with

any other charges against the consumption deposit paid by the Bidder , in the event of

termination of the agreement prior to the expiry of the contracted period or in case of

any contractual default.



19. That DMRC shall be at liberty to transfer the dues remaining unpaid by the Bidder,

after adjusting the advance consumption deposit, to other service connection(s) that

may stand in the Bidder’s name.

20. To allow clear and unencumbered access to the meters for the purpose of meter

reading, maintenance, inspection, checking, testing, etc.

21. That DMRC shall be entitled to disconnect the service connection under reference in

the event of any default and/or non-compliance of statutory requirements and/or in

consequence of a legally binding order by statutory authority(ies)/Court of Law,

without prejudice to the DMRC’s rights to exercise its rights under law including that

of getting its due payments as on the date of connection. The Bidder undertakes to pay

penalty imposed by DMRC on its own discretion for the damages caused to the leased

property on account of any default or non-compliance of any statutory requirements.

22. That all details furnished in this Requisition form are true to the Bidder’s knowledge.

If any information is found incorrect at a later date, the company shall have the right to

withhold /disconnect supply, as the case may be, and forfeit the advance consumption

deposit.

23. The Bidder acknowledges and accepts that the relationship of the Bidder with DMRC

is not that of a consumer and a Licensee but that of a commercial arrangement where

the Bidder has taken on lease/license premises of DMRC and the Electricity

connection is being provided as a part of the above arrangement.

24. The Bidder further agrees that this declaration given by him shall be construed as an

agreement with the DMRC to the above effect.

Date:

Place: Signature of Bidder

(Full name)

Signed and delivered in the presence of:

Witness 1 Witness 2

Signature__________________________

Full Name__________________________

Complete Address ___________________

Phone No.__________________________

Signature____________________________

Full Name___________________________

Complete Address____________________

Phone No.___________________________

List of Documents to be submitted along with Declaration

1. Installation Test Report issued by licensed electrical wiring contractor in the prescribed

format (available with the application form) and countersigned by the Bidder.

2. Proof of allotment of the space/area leased out by DMRC in the form of the following:

a) Allotment/possession letters, Lease deed

b) General Power of Attorney together with proof of ownership of the executor.

{Applicable in case of company}



Annexure-4(H)

Guidelines for use of DG set by PD Licensee at Metro Station

1. DG set shall be allowed only as standby power supply arrangement, after release of

permanent supply.

2. Capacity of DG set should not be more than sanctioned load. DG set supply should

be fed only to essential loads.

3. Proper size cable should be laid as per capacity of DG set. Electrical drawings and

layout plan should be got prior approval from DMRC/EIG.

4. Proper protection should be provided so that normal and DG supply are not mixed.

5. DG set should be silent type and noise and emission limits should be as per CPBC

norms.

6. CPCB certificate of DG set should be submitted conforming the standards.

7. DG set should be installed in proper fencing/room so that inconvenience to

commuters may be avoided.

8. Proper fire protection and suppression system should be provided for SG Set Room.

Clearance shall have to be obtained from Fire Officer.

9. Proper maintenance of DG Set should be carried out so that parameters are within

CPCB limits.

10. Proper separate double earthing of DG Set for body and neutral should be provided

as per fault calculation. Neutral earthing should be of copper.

11. DG exhaust stack height should not be less than H=h+0.2 √(KVA), where H= height

of exhaust stack, h= height of building.

12. Diesel should only be stored in inbuilt tank of DG Set.

13. Area allotted for DG Set shall be billed for license fees.

14. EIG (Electrical Inspector General to Govt. of India) sanction is required before

starting of DG Set. Inside metro premises, DMRC nominated officer act as EIG.



Annexure-V

Material Specification for renovation/ refurbish of premises

Approved - vendors – list

Sl.

No. Items/Products Approved Vendors

1 VITRIFIED TILES Kajaria

H&R Johnson (India)

Naveen

Somany

Orient

R K Ceramics

Restile Ceramics Limited

Asian Grando India Ltd

Oasis (Maaarbomax

Group)

Euro Tiles

Oracle Granito Limited

(Marbito Vitrified Tiles

Nitco

2 CERAMIC TILES/PORCELAIN TILES Kajaria

Bell Ceramaics

H&R Johnson (India)

Mitco

Regency Ceramics Ltd

Somany

Orient

Kanzai Ceramic

Raja Tiles

Mridul Enterprises

Italia

Euro Tiles

Hindustan Tiles

3 TERRAZZO TILES Nitco

Hindustan Tiles

4 TACTILE Pelican Ceramic

Industries Pvt Limited

UniStone Products

(India) Pvt Ltd

NimcoPretab Ltd

5 PVC FLOORS Armstrong World

Industries (India) Pvt Ltd

Gerfloor India

Tarken

VeeKayPolycoats



Limited

6 RAISED FLOORS Hewelson/Kingspan

Access Floors

United Access

Floors/United Insulation

Uniflair

Unifloor

Acons

7 WOODEN FLOORS Armstrong World

Industraies (India) Pvt Ltd

Action Tesa (Action

Buildwell)

Pergo

8 PU COATAED FLOORS Cipy Polyurethanes

H C Associaates

Pidilite

Shalimar Paints

Sika

9 GRC PAVING TILES Unistone

Nimco Prefab

Hindustan Tiles

10 PAVERS & CHEQUERED TILES UniStone Products

(India) Pvt Ltd

CCC Builders Merchant

Delhi Pvt Ltd

Nimco Prefab

Hindustan Tiles

Terra Firma (Now Terra

Firma GRC & Concrete

Industries)

Nilco

Hindustan Tiles

Uttra Tiles

OrasieGranito Limited

(Marbito Vitrified Tiles)

11 MOSAIC TILES Bisazza (Glass Mosaic

Tiles)

Mirdul Enterprises

Italia

Kenzai

Opio

Eon Ceramics

12 EMULSION PAINTS ICI Dulux

Modi Industries

Acro Paints

Asian



Berger

Nerolac

Jenson & Nicholson

Kamdhenu Paints

Shalimar Paints

Sherwin Williams Paints

13 SYNTHETIC ENAMELS ICI Dulux

Acro Paints

Asian

Berger

Nerolac

Jenson & Nicholson

Kamdhenu Paints

Shalimar Paints


14 TEXTURE PAINTS Spectrum

Unitjile

BarkeliteHylam (Surface

Texture Division)

"Heritage" Paints

Texfin Products (M/s

Niko)

Acro Paints

Birla

ICI Dulux

NCL AL TEK

Kamdhenu Paints

Bizzar


15 POL YURETHANE PAINTS MRF Paints

Nerolac

H C Associates

Modi Industries Ltd

(Paint Section)

16 WALL CARE PUTTY J.K. White

Unistone

Birla (Aditya Birla

Group)

Shalimar Paints

Gyproc Wall Putty (Saint

Gobam

17 GLASS 9Float / Toughened) Float Glass India Ltd

(Asahi float)

Asahi Float (AIS)

Modigaurd

Glaverbel



Saint Gobam

Sejat

18 STRUCTURAL GLAZING FABRICATORS PERMASTEELISA

(INDIA) PRIVATE

LIMITED

Alufit (INDIA) Pvt Ltd

SP Fabricators Pvt Ltd

Alpro India

AshooDecore (India)

PvtLtd

Innovators

Façade India Testing Inc

19 ALUMINIMUM COMPOSITE PANEL AlucoBond

ReynobondMarketedd

through Kawneer India

Stockists HECTAFINE

CONSTECH INDIA

PVT LTD)

ALPOLIC (A Mitsubishi

product)

Alsgtrong

Alex Panels

AL STONE

INTERNATIONAL

Aludecor Lamination Pvt

Ltd

Alupan Composite

Panels Pvt Ltd

20 GRC PRODUCTS (GARC Screen Panels etc.) UniStone Products

(India) Pvt Ltd

Hindustan

TERRA FIRMA GRC &

CONCRETE Industries

21 WAX PLASTER Unitile India Pvt Ltd

Oikos India Pvt Ltd

Acro Paints

22 GYPBOARD CEILINGS Gyproc (Saint Gobain)

Lafarge Boral Gypsum

India Pvt Ltd

23 CALCIUM SILICAATE BOARD Promat

Hilux

Acon Pan

Aeroline

24 SS MS / GI POWDER COATED CEILING Hunter Douglas

Armstrong

Durfum



25 ADHESIVES FOR TILES Pidilite

Araldite (Huntsman

Advanced Materials

Toyo Ferrous Crete (P)

Ltd

SumanyEzy Grout

MYK Laticrete

Maper

Unistone Ultimate Tile

Adhesive

26 TILE JOINT FILLER Bal Adhesives and

Grouts

"Roff Rainbow Tile

mate" of Roff

Construction Chemicals

Pvt Ltd

Winsil 20/ malibu-tech

Silicon Sealant of GE

Bayer Silicone

"Zentrival FM" of MC-

Bauchemie (India) Pvt

Ltd

MYK Lalicrete

Toyo Ferrous Crele (P)

Ltd

Mapei

Unistone Super Grout

27 POLY SULPHIDE SEALANTS Pidilite

STP Limited

Sika

CICO

BASF

FOSROC

SWC

28 SILICONE SEALANTS GE Bayer Silicones

Dow Corning

Sika

McCoy Soudat

29 SILICON WATER REPELLANT SOLUTION GE Bayer Silicons

Metroark

STP Limited

MC Bauchemnic

Choksey Chemicals

30 POL YURETHANE SEALANTS 3M

SIKA



McCoy Soudal

31 PLYWOOD DuroplySharda Ply

Wood Industries

Century Ply

Kitply

Red Ply wood

Virgo Lam (M/s Virgo

Industries - Virgo

Plywoods Ltd)

SwastikPlyboard Ltd

(Swati Plyboard)

Merino

32 BLOCKBOARD Duroply-Sharda Ply

wood Industries

Century Ply

Kitply

Red Ply wood


Industries - Virgo

Plywoods Ltd)

Merino

33 LAMINATE Decolam / Decolite (A

Bakelite Hylam Product)

Formica Corporation

Sundek International

Decorative Liminates

BAKELITE HYLAM

LTD

Redtam Asia Pacific Pvt

Ltd

Merino


Industries)

34 PRE-LAMINATED PARTICLES BOARD Novopan (GVK Group)

Ecoboard

Action Tesa (Action

Buildwell)

Bhutan Board

35 FLUSH DOORS Kanchan Ply

SwastikPlyboard Ltd

(Swati Plyboard)

Kutty's

Diamond Flush Doors/Star

Metal Forms P Ltd

RaaVeeta

Alpro Panels



36 COMPACT LAMINATION DOORS Merino

Redlam Asia Pacific Pvt

Ltd sturdo rest rooms and

cubicals

Red Ply wood

37 PRESSED STEEL DOOR FRAMES Agew Steel

Manufactures Pvt Ltd

SenHarvic Windows

Private Limited

Oaynus

38 FIRE DOORS Signum Fire Protection

(I) Pvt Ltd

Godrej & Royce

Manufacturing Company

Limited

Radiant Fire Protection

Engineers Pvt Ltd.

NAVAIR International

Ltd

Sehgal&Sehgal

ShaktiMet

39 SANITARYWARAE Hardware

Cera

Roca

Pafrryware

Euro

Somany

40 SANITARY & BATH FITTINGS Mayur/Othello

Jaquar and Company Pvt

Ltd

Kohler

Kingsion (Plastocraft

Sanitary India Pvt Ltd

Cauret

Marc

41 FRAMELESS GLASS PARTITION FIXTURES Dorma

Hafele

Dorset

Dline

Insta Hardware

Hardwya

42 SPIDER FITTINGS/PATCH FITTINGS Ozone

Kitch

Dunex

Dline

43 ANCHOR FASTENERS Hilti India



BOSCH FISCHER

Canon Fasteners

Axel

Boun Group

44 STONE GLADDING CLAMPS Hilti India Pvt Ltd

BOSCH FISCHER

Canon Fasteners

Boun Group

45 DOOR HARDWARE Dorma

Hafele

Dorset

Dline

Hardwyn

Ozone

Heffich India Pvt Ltd

46 DRAINAGE PIPES TirupatiPlastomatics

Duraline

Rex

47 DUCTILE IRON PIPES Electro steel

Jindal (Hissar)

48 CAST IRON ( A) S/S PIPES & FITTINGS (IS:1536)

Kesoram

Kesoram

KDPL

NECCO

HEPCO

49 GI & MS PIPES (IS: 1239 PART I & II, IS: 3589) Jindal (Hissar)

Surya

SwastikPlyboard Ltd

(Swati Plyboard)

Prakash

50 GI FITTING MALLEABLE (IS: 1879 PART 1 TO X) Zoloto

Unik

"R"

KS

DRP

51 UPVC PIPES & FITTINGS (IS: 4985-1981) Finolex

Supreme

Prince

Polypack

Jindal Plast (India)

52 CPVC PIPES & FITTINGS Flowguard - Astral

Ajay

Ashirwad

53 STONEWARE PIPES 7 GULLY TRAPS (IS:651) Perfect

Anand

R.K.



Priya

54 RCC DSPIPES (IS:458) Pragati

Jain Spun

Daya Spun

Usha

55 COPPER PIPES & FITTINGS Mehta Tubes

Rajoo

Maxflow

56 HOPE PIPES & FITTINGS Gebreti

Reliance (hasti)

Nosif

57 STAINLESS STEEL PIPES Remi

Jyooti Apex

Kamdhenu

58 PPR PIPES & FITTINGS Supreme

Prince

Uro-Allwin

59 POLYBUSYLENE (PB) PIPES & FITTINGS Georg Fischer

Flexalen

60 MODIFIED BITTUMINOUS MEMBRANE ROOF

WATERPROOFING

Multiplas Standard of

Integrated Waterproofing

Membrance Limited /

SUPER

THERMOLAY/POLYF

LEX of STP Limited

"LOTUS-3" of the

Structural Waterproofing

Co. Limited

Sika

Kemco

KrytonBuildmat

MBT

FOSROC

61 INTEGRAL CRYSTALLINE WATERPROOFING

METHOD

KrytonBuildmat

Penetron

Mapei

Vandex International Ltd

62 POWDER COATINGS Berger

Nerocoat

Jenson & Nicholson

Jatun

Radiant anodisersPvt Ltd

63 ALUMINIUM SECTIONS Hindustan Aluminium

Jindal Aluminium Ltd

Bhoruka



Bharat Aluminium

Company

Limited/vedanta BALCO

Hindalco

64 HOLLOW SECTIONS, PIPES Surya Pipes

Hi - Tech pipes

JSW

JSPL

Bihar (Bihar Tubes Ltd)

65 M.S. TUBES/ SECTIONS Tata Metal

Liyod Metal

NSL Limited

Bihar Tube Ltd

Swastik Pipes Ltd

JSW ISPAT

Rana

66 SS WORKS Dharam Industries

(FABRINOX)

Ozone

Jindal Stainless (JSL)

67 ROOFTING SHEETS Roof fit ( Fibre Glass

Roofing, Metal Roofing,

galvalume Sheets)

Wonder sheets (3 layer -

UPVC Wonder Sheets

Pro )

I Loyd Insulations India

Limited

68 METAL ROOFS "TRACDEK" Interarch

Building Products Pvt

Ltd (Metal Roofing

Sheet)

TATA Bluescope (Metal

coated and Pre-painted

Sheets " Zincalume"

"Colortionedd")

69 POLYCARBONAIC SHEETS "Lexan" (SABIC

Innovative Plastics)

Danpalon

70 TENSILE FABRIC Fenan

Mehler



Annexure-VI

Handing Over Note

Date: __ ___2020

Space (Built and Bare) Structure allotted at __________________________ metro station

_____________Line, Admeasuring _________Sqm, is handed over to the Licensee, through

Sh/Smt./Ms.………………………of M/s. ………………………………………………

office

at…………………………..on……………………….(date)……………………at……….(ti

me),in the presence of Property Business Wing, E&M Wing, C&S Wing & Operations Wing

representatives.

Licensee hereby acknowledge the receipt and assumes all responsibility of the above

described site, as provided in the License Agreement, from the date and time stated above.

_______________________ ________________________

Licensee Operations

________________________ _________________________

E & M Works

_________________________

PB Cell



Annexure-VII

Taking Over Note

Date: ………...2020

Vacant possession of the Space(Built and Bare) Structure allotted near

_________________________ of ______________ Line Admeasuring …………Square

meter is taken over by Authorized DMRC representative on

…………………..(Date)………………….(Time) from the Licensee Through

Sh/Smt./Ms.………………………of M/s. …………………………………………………

office at __________ in the presence of Property Business Wing, E&M Wing, C&S Wing

& Operations Wing representatives.

_______________________ ________________________

Licensee Operations

________________________ _________________________

E & M Works

_________________________

PB Cell



Annexure-VIII

Format of Bank Guarantee

(The Bank Guarantee shall either be from State Bank of India or any other Nationalized Bank

or other Scheduled Commercial Banks from/payable at ________________, (New Delhi )only

on non-judicial stamp paper of appropriate value)

BANK GUARANTEE NO. __________________________ dated _________________

This Deed of Guarantee executed at _____________ by _____________ (Name of Bank)

having its Head / Registered office at __________________________________ (hereinafter

referred to as “the Guarantor”) which expression shall unless it be repugnant to the subject or

context thereof include its successors and assigns;

In favour of

The Delhi Metro Rail Corporation Limited (hereinafter called “DMRC”), having its office at

Metro Bhawan, Fire Brigade Lane, Barakhamba Road, New Delhi-110001, which expression

shall unless it be repugnant to the subject or context thereof include its successors and

assigns;

WHEREAS: -

1. DMRC, with a view to augment its earnings through non-operating revenue, has

licensed Co-branding/advertisement activities at ________________________Metro

Station to M/s ____________________________ (hereinafter called “Licensee”).

2. DMRC has agreed to provide to the Licensee, Co-branding spaces on “as is where is

basis” in accordance to LOA No. ________________________ dated ___________.

3. Therein after referred to as Co-Branding/ advertisement activities, on payment of

License Fee to DMRC on the terms and conditions hereunder contained in this

License Agreement.

4. This License is for a period of ____________ years from the date of commencement

of License period, unless otherwise terminated/surrendered earlier or extended

further.

5. The offer submitted by M/s ______________________ having their registered office

at ___________________________ has been accepted by DMRC vide LOA No.

______________________ dated ______________.

6. As per the terms of the above mentioned LOA, the Licensee has been selected for

Co-Branding/advertisement activities at __________________ Metro Station of

Delhi Metro for the duration of the License.

7. The Licensee is also required to make payments of License Fees & other dues as per

contractual obligations and applicable taxes to DMRC.



8. The Licensee is required to also bear and pay all expenses, costs and charges incurred

in the fulfillment of all its obligations under the License Agreement.

9. The Licensee is required to furnish an unconditional irrevocable Bank Guarantee for

an amount of Rs. ______________ (Rupees ______________ only) as a part of

Interest free security deposit which is equivalent to the Annual license fee for

______________ Metro Station, as security for the performance and fulfilment of all

its responsibilities and obligations as per the LICENSE Agreement. The Licensee has

requested the Guarantor to issue the said Bank Guarantee in favour of DMRC.

10. Now, therefore at the request of the Licensee, the Guarantor has agreed to execute

this Guarantee in favour of DMRC for the due payment of Rs.

________________(Rupees ____________ only).

NOW, THEREFORE, THIS BANK GUARANTEE WITNESSETH AS FOLLOWS: -

1. The Guarantor, as primary obligor shall, without demur, reservation, contest,

recourse or protest and/or without reference to Licensee, pay to DMRC an amount

not exceeding Rs. ________________ (Rupees ____________ only), on the same

working day of receipt of a written demand from DMRC, calling upon the Guarantor

to pay the said amount.

For the purpose of this clause, any letter making demand on the Bank by DMRC

dispatched by Registered Post with Ack. Due or by any Electronic means addressed

to the above mentioned address of the Bank shall be deemed to be the claim/demand

in writing referred to above irrespective of the fact as to whether and when the said

letter reached the Bank, as also any letter containing the said demand or claim is

lodged with the Bank personally.

2. The Guarantor agrees that DMRC shall be the sole judge to decide as to whether the

Licensee has defaulted in the performance of its obligations as per the License

Agreement, and the decision of DMRC in this regard shall be final and binding on

the Guarantor, notwithstanding any differences in this regard between DMRC and the

Licensee or any dispute pending before any Court, Tribunal, Arbitrator or any other

Authority. The scheduled commercial Bank issuing the above Bank Guarantee

confirms that it is on the SFMS (structured financial messaging system) platform,

and it will invariably send a separate advise of the BG to the designated bank of

DMRC, through SFMS .

3. Any such demand made on the Guarantor by DMRC shall be conclusive, absolute,

final and binding on the Guarantor, and the amount due and payable by the Guarantor

under this Guarantee will be honored by the Guarantor, simply on demand, without

demur, reservation, contest, protest, recourse whatsoever and without need for

ascribing any reason to the demand. The liability of the Guarantor under this

guarantee is absolute and unequivocal. The above payment shall be made without

any reference to the Licensee or any other person.

4. This Guarantee shall be irrevocable, valid and remain in full force until

……………………..(period of expiry) or till the end of 6(Six) month after

completion of the License Period, or for such extended period as may be desired by

DMRC, and as conveyed by DMRC to Bank.



5. In such case of renewal, the Guarantor shall renew the Bank Guarantee, sixty days

prior to the expiry of validity of the Bank Guarantee and the process for extension of

the Guarantee would be repeated till period of License Agreement is exhausted.

Failure to extend the validity of Bank Guarantee at least sixty days prior to the

expiry date of Bank Guarantee would lead to encashment of this Bank Guarantee as

per the concept of extend or pay.

6. For last year of License period, the Licensee shall submit the Bank Guarantee valid

for remaining License period plus six months and shall renew it, if required, till the

final settlement of all accounts failing which the Bank Guarantee of the Licensee

shall be invoked and encashed by DMRC without any prior notice to the Licensee,

7. This Guarantee shall continue to be enforceable till all amounts under this Guarantee

are paid. The said Guarantee shall be released by DMRC after the expiry of the

License Period subject to fulfilment of all handover requirements by the Licensee, to

the satisfaction of DMRC and further subject to adjustment for all damages suffered

by DMRC.

8. This Guarantee is unconditional and irrevocable during the currency of BG till such

time DMRC discharges this Guarantee by issuing a letter to the Guarantor in this

behalf.

9. The Guarantor undertakes to pay the amount mentioned herein as Principal debtor

and not a surety and it shall not be necessary for DMRC to proceed against the

Licensee before proceeding against the Guarantor, notwithstanding the fact that

DMRC may have obtained or obtains from the Licensee, any other security which at

the time when proceedings are taken against the Guarantor hereunder, is outstanding

and unrealized.

10. The obligations of the Guarantor shall not be affected by any variations in the terms

and conditions of the License Agreement or other documents or by extension of time

of performance of any obligations granted to the Licensee or postponement / non-

exercise / delayed exercise of any of its rights by DMRC against the Licensee or any

indulgence shown by DMRC to the Licensee, and, the Guarantor shall not be relieved

from its obligations under this Bank Guarantee on account of any such variation,

extension, postponement, non exercise, delayed exercise or omission on the part of

DMRC or any indulgence by DMRC to the Licensee to give such matter or thing

whatsoever which under the law relating to sureties would, but for this provision,

have effect of so relieving the Guarantor.

11. The Guarantee shall not be affected by any change in the constitution or winding up

of the Licensee/the Guarantor or any absorption, merger or amalgamation of the

Licensee / the Guarantor with any other person.

12. The Bank agrees that DMRC at its option shall be entitled to enforce this guarantee

during its currency against the Bank as a Principal Debtor in the first instance without

proceeding against the Licensee and notwithstanding any security or other guarantee

that DMRC may have in relation to Licensee’s liabilities.

13. The guarantee hereinbefore contained shall not be affected by any change in the

constitution of the Bank or of the Licensee.

14. The expressions “Bank” and “Licensee” hereinbefore used shall include their

respective successors and assigns.



15. The Bank also agree that this guarantee shall be governed and construed in

accordance with Indian laws and subject to the exclusive jurisdiction of the courts at

Delhi.

16. Partial and Multiple drawings/withdrawals are permitted under this bank Gurantee.

17. The Guarantor declares that it has power to issue this Guarantee and discharge the

obligations contemplated herein and the undersigned is duly authorized to execute

this Guarantee.

18. This guarantee shall come into effect forthwith and shall remain in force upto

____________ or the extended period if any and shall not be revoked by the

Guarantor at any time without DMRC’s prior consent in writing.

19. Notwithstanding anything contained hereinabove:

a) Our liability under this Bank Guarantee shall not exceed and is restricted to Rs.

________________(Rupees ____________ only).

b) This Guarantee shall remain in force up to ______________.

c) Unless the demand/claim under this guarantee is served upon us in writing on

or before _____________ all the rights under this guarantee shall stand automatically

forfeited and we shall be relieved and discharged from all liabilities mentioned

hereinabove.

IN WITNESS WHEREOF THE GUARANTOR HAS EXECUTED THIS

GUARANTEE ON THE DAY, MONTH AND YEAR FIRST ABOVE MENTIONED

THROUGH ITS DULY AUTHORISED REPRESENTATIVE.

For and on behalf of the _____________ Bank.

Signature of authorized Bank official

Name: ____________________________

Designation: _______________________ I.D. No.: ________________________

Stamp/Seal of the Bank: ___________

Signed, Sealed and Delivered

for and on behalf of the Bank

by the above named _________________

In the presence of:

Witness–1

Signature _________________________

Name ____________________________

Address __________________________

Witness–2

Signature _________________________

Name ____________________________

Address __________________________



Annexure-IX

PLANS OF LICENSED BARE SPACE AT SELECTED METRO STATIONS OF

LINE-2, 3, 6, 7 & 8 OF DMRC NETWORK

Note: The Plans of licensed bare spaces at AIIMS Metro Station at Line-2, Noida

Sector-52 & Noida Electronic City Metro Stations of Line-3, Raja Nahar Singh Metro

Station at Line-6, Azadpur & Shalimar Bagh Metro Stations of Line-7 and Kalkaji

Mandir, Nehru Enclave, Chirag Delhi & Janakpuri West of Line-8 Metro Stations in 8

schedules. Maps metro stations have not been uploaded on web site due to security

concerns. However, if required, location plans may be collected from the DMRC office.



Annexure-X